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.ECHOES 


FROM  THE 


CABINET; 

COMPRISIXa 

THE    CONSTITUTION    OF  THE  UNITED   STATES 

DECLARATION  OF  INDEPENDENCE ;  FUGITIVE 

SLAVE  BILLS  OF  1793  &  1850  ;  MISSOURI 

COMPROMISE;  THE  KANSAS  AND 

NEBRASKA  BILL  OF  1854. 


THE  FAC-SIMILE  AUTOGRAPH  N  A.MES  OF  THE  SIGNEES 
OF  THE  DECLARATION  OF  INDEPENDENCE. 


NEW   YORK  : 

DAYTON    AND    WENTWORTH, 

27    Beekman    Street. 

1855. 


Entered,  according  to  Act  of  Congress,  in  the  year  1S55, 

By  DAYTON  AND  WENTWORTH, 

In  the  Clerk's  Office  of  the  District  Court  of  the  Southern 
District  of  New  York. 


PREFACE. 


A  CONSTANT  recurrence  to  the  fundamental 
principles  of  government  cannot  be  too  much 
recommended  to  the  citizens  of  a  republic. 

It  is  in  this  manner  only  that  a  thorough  and 
consistent  knowledge  of  the  duties  which  every 
man,  as  a  good  citizen,  owes  to  the  laws  of  his 
country,  can  be  fostered. 

Believing  this,  we  deem  no  apology  necessary 
in  presenting  this  volume  to  the  public. 

We  have  embraced  in  this  book  that  immor- 
tal document,  the  Declaration  of  Independence ; 
and  also  the  Constitution  of  the  United  States, 
which  has  formed  the  safeguard  of  our  rights  and 
the  bulwark  of  our  liberties,  through  many  years 
of  unparalleled  peace  and  prosperity. 

Nothing  can  be  more  beneficial  to  every  freeman 
than  the  perusal  and  study  of  these  instruments ; 
the  general  dearth  of  which,  in  family  libraries,  is 
sensibly  felt  by  those  who  desire  the  information 
contained  in  such  a  manual  as  this. 

To  these  we  have  added  those  enactments  which 
for  the  last  few  years  have  been  the  subject  of  so 
much  discussion  and  general  interest ;  such  as  the 


4:  PREFACE. 

Fugitive  Slave  Bill  of  1793,  and  the  amendment  to 
it  of  1850,  the  Missouri  Compromise  of  1820,  and 
the  Bill  to  organize  Kansas  and  Nebraska  of  1854. 

It  is  somewhat  surprising  to  note,  that  among 
persons  who  are  constantly  making  these  laws  the 
topic  of  conversation  and  debate,  so  few  who  have 
ever  perused  the  statutes  themselves,  but  have  de- 
pended upon  the  scandal  and  misrepresentations 
of  newspapers  for  information  in  regard  to  their 
character. 

Perhaps  this  arises  from  the  want  of  general 
circulation  given  by  the  government  to  the  bills 
which  pass  Congress;  but,  nevertheless,  thai  this 
ignorance  exists,  is  too  well  known. 

To  supply  this  want  this  volume  has  been  C3,ie- 
fully  compiled ;  and  the  publishers  have  endeav- 
ored to  present  it  in  a  form  which  will  be  accept- 
able for  popular  use. 


CONTENTS. 


PAGE 
CONSTITUTION  OF  THE  UNITED  STATES,      .        .      7 

NAMES   OF  THE  SIGNERS 32 

AMENDMENTS  TO  THE  CONSTITUTION,   .        .        .33 

DECLARATION  OF  INDEPENDENCE,         .        .  39 

NAMES   OF  THE  SIGNERS,       .  .    48 

THE  ORDINANCE  OF  1737, 49 

FUGITIVE  SLAVE  BILL  OF  1793, 50 

FUGITIVE  SLAVE  BILL  OF  ]850,  .        .  .       .    54 

THE  MISSOURI  COMPROMISE,       ...  .69 

NEBRASKA  AND  KANSAS   BILL,         .       .  .71 


CONSTITUTION 

OP 

THE   UNITED   STATES 


We,  the  People  of  the  United  States,  in  order  to 
form  a  more  perfect  union,  establish  justice,  in- 
sure domestic  tranquillity,  provide  for  the  common 
defence,  promote  the  general  welfare,  and  secure 
the  blessings  of  liberty  to  ourselves  and  our  pos- 
terity, do  ordain  and  establish  this  Constitution 
for  the  United  States  of  America. 

ARTICLE  I. 

Sect.  I.  —  All  legislative  powers  herein 
granted  shall  be  vested  in  a  Congress  of  the 
United  States,  which  shall  consist  of  a  Sen- 
ate and  House  of  Representatives. 

Sect.  II.  —  1.  The  House  of  Represen- 
tatives shall  be  composed  of  members  chosen 
every  second  year  by  the  people  of  the  sev- 
eral states  ;  and  the  electors  in  each  state 
shall  have  the  qualifications  requisite  for 
electors  of  the  most  numerous  branch  of  the 
state  legislature. 

_ 


b  CONSTITUTION    OF 

2.  ISTo  person  shall  be  a  representative 
wlio  shall  not  have  attained  the  age  of 
twenty-five  years,  and  been  seven  years  a 
citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  inhabitant  of  the 
state  in  which  he  shall  be  chosen. 

3.  Kepresentatives  and  direct  taxes  shall 
be  apportioned  among  the  several  states  which 
may  be  included  within  this  Union,  accord- 
ing to  their  respective  numbers,  which  shall 
be  determined  by  adding  to  the  whole  num- 
ber of  free  persons,  including  those  bound 
to  service  for  a  term  of  years,  and  excluding 
Indians  not  taxed,  three  fifths  of  all  other 
persons.  The  actual  enumeration  shall  be 
made  within  three  years  after  the  first  meet- 
ing of  the  Congress  of  the  United  States, 
and  within  every  subsequent  term  of  ten 
years,  in  such  manner  as  they  shall  by  law 
direct.  The  number  of  representatives  shall 
not  exceed  one  for  every  thirty  thousand,  but 
each  state  shall  have  at  least  one  representa- 
tive ;  and  until  such  enumeration  shall  be 
made,  the  state  of  New  Hamjishire  shall  be 
entitled    to    choose    three ;    Massachusetts, 


THE    UNITED    STATES.  9 

eight ;  Rhode  Island  and  Providence  Plan- 
tations, one  ;  Connecticut,  five  ;  New  York, 
six ;  New  Jersey,  four ;  Pennsylvania, 
eight ;  Delaware,  one ;  Maryland,  six  ;  Vir- 
ginia, ion ;  North  Carolina,  five ;  South 
Carolina,  five  ;   Georgia,  three. 

4.  When  vacancies  happen  in  the  repre- 
sentation from  any  state,  the  executive  au- 
thority thereof  shall  issue  writs  of  election  to 
fill  such  vacancies. 

5.  The  House  of  Representatives  shall 
choose  their  speaker  and  other  officers,  and 
shall  have  the  sole  power  of  impeachment. 

Sect.  III.  —  1.  The  Senate  of  the  United 
States  shall  be  composed  of  two  senators  from 
each  state,  chosen  by  the  legislature  thereof, 
for  six  years ;  and  each  senator  shall  have 
one  vote. 

2.  Immediately  after  they  shall  be  assem- 
bled in  consequence  of  the  first  election, 
they  shall  be  divided,  as  equally  as  may  be, 
into  three  classes.  The  seats  of  the  senators 
of  the  first  class  shall  be  vacated  at  the  ex- 
piration of  the  second  year,  of  the  second 
class  at  the  expiration  of  the  fourth  year. 


10  CONSTITUTION    OF 

and  tlie  third  class  at  the  expiration  of  the 
sixth  year,  so  that  one  third  may  be  chosen 
every  second  year  ;  and  if  vacancies  happen, 
by  resignation  or  otherwise,  during  the  re- 
cess of  the  legislature  of  any  state,  the  ex- 
ecutive thereof  may  make  temporary  appoint- 
ments until  the  next  meeting  of  the  legisla- 
ture, which  shall  then  fill  such  vacancies. 

3.  No  person  shall  be  a  senator  who  shall 
not  have  attained  the  age  of  thirty  years,  and 
been  nine  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be 
an  inhabitant  of  that  state  for  which  he  shall 
be  chosen. 

4.  The  Vice-President  of  the  United 
States  shall  be  President  of  the  Senate,  but 
shall  have  no  vote,  unless  they  be  equally 
divided. 

5.  The  Senate  shall  choose  their  other 
officers,  and  also  a  president  pro  tempore  in 
the  absence  of  the  Vice-President,  or  when 
he  shall  exercise  the  office  of  President  of 
the  United  States. 

6.  The  Senate  shall  have  the  sole  power  to 
try  all   impeachments.      When    sitting    for 


THE   UNITED    STATES.  11 

that  purpose,  they  shall  be  on  oath  or  affir- 
mation. When  the  President  of  the  United 
States  is  tried,  the  chief  justice  shall  pre- 
side ;  and  no  person  shall  be  convicted  with- 
out the  concurrence  of  two  thirds  of  the 
members  present. 

7.  Judgment,  in  cases  of  impeachment, 
shall  not  extend  further  than  to  removal 
from  office,  and  disqualification  to  hold  and 
enjoy  any  office  of  honor,  trust,  or  profit  un- 
der the  United  States ;  but  the  party  con- 
victed shall,  nevertheless,  be  liable  and 
subject  to  indictment,  trial,  judgment,  and 
punishment,  acccording  to  law. 

Sect.  IV.  —  1.  The  times,  places,  and 
manner  of  holding  elections  for  senators  and 
representatives  shall  be  prescribed  in  each 
state  by  the  legislature  thereof;  but  the 
Congress  may,  at  any  time,  by  law,  make  or 
alter  such  regulations,  except  as  to  the 
places  of  choosing  senators. 

2.  The  Congress  shall  assemble  at  least 
once  in  every  year ;  and  such  meeting  shall 
be  on  the  first  Monday  in  December,  unless 
they  shall  by  law  appoint  a  difierent  day. 


12  CONSTITUTIOX    OF 

Sect.  V.  —  1.  Each  house  shall  be  judge 
of  the  elections,  returns,  and  qualifications 
of  its  own  members  ;  and  a  majority  of  each 
shall  constitute  a  quorum  to  do  business  ; 
but  a  smaller  number  may  adjourn  from  day 
to  day,  and  may  be  authorized  to  compel  the 
attendance  of  absent  members,  in  such  man- 
ner and  under  such  penalties  as  each  house 
may  provide. 

2.  Each  house  may  determine  the  rules 
of  its  proceedings,  punish  its  members  for 
disorderly  behavior,  and,  with  the  concur- 
rence of  two  thirds,  expel  a  member. 

o.  Each  house  shall  keep  a  journal  of  its 
proceedings,  and  from  time  to  time  publish 
the  same,  excepting  such  parts  as  may,  in 
their  judgment,  require  secrecy ;  and  the 
yeas  and  ^nays  of  the  members  of  either 
house  on  any  question  shall,  at  the  desire  of 
one  fifth  of  those  present,  be  entered  on  the 
journal. 

4.  Neither  house,  during  the  session  of 
Congress,  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor 


THE   UNITED    STATES.  13 

to  any  other  place  than  that  in  which  the 
two  houses  shall  be  sitting. 

Sect.  VI.  —  1.  The  senators  and  repre- 
sentatives shall  receive  a  compensation  for 
their  services,  to  be  ascertained  by  law,  and 
paid  out  of  the  treasury  of  the  United 
States.  They  shall,  in  all  cases  except  trea- 
son, felony,  and  breach  of  the  peace,  be 
privileged  from  arrest  during  their  attend- 
ance at  the  session  of  their  respective  houses, 
and  in  going  to  or  returning  from  the  same ; 
and  for  any  speech  or  debate  in  either  house 
they  shall  not  be  questioned  in  any  other 
place. 

2.  No  senator  or  representative  shall,  dur- 
ing the  time  for  which  he  was  elected,  be 
appointed  to  any  civil  office  under  the  au- 
thority of  the  United  States  which  shall  have 
been  created,  or  the  emoluments  whereof 
shall  have  been  increased,  during  such  time  ; 
and  no  person  holding  any  office  under  the 
United  States  shall  be  a  member  of  either 
house  during  his  continuance  in  office. 

Sect.  VII.  —  1.  All  bills  for  raising  rev- 
enue shall  originate  in  the  House  of  Repre- 


14  CONSTITUTION    OF 

sentatives ;   but  the  Senate  may  propose  or 
concur  with  amendments,  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  the 
House  of  Kepresentatives  and  the  Senate 
shall,  before  it  becomes  a  law,  be  presented 
to  the  President  of  the  United  States ;  if  he 
approve,  he  shall  sign  it ;  but  if  not,  he 
shall  return  it,  with  his  objections,  to  that 
house  in  which  it  shall  have  originated,  who 
shall  enter  the  objections  at  large  on  their 
journal,  and  proceed  to  reconsider  it.  If, 
after  such  reconsideration,  two  thirds  of  that 
house  shall  agree  to  pass  the  bill,  it  shall  be 
sent,  together  with  the  objections,  to  the 
other  house ;  and  if  approved  by  two  thirds 
of  that  house,  it  shall  become  a  law.  But 
in  all  such  cases  the  votes  of  both  houses 
shall  be  determhied  by  yeas  and  nays ;  and 
the  names  of  the  persons  voting  for  and 
against  the  bill  shall  be  entered  on  the  jour- 
nals of  each  house  respectively.  If  any  bill 
shall  not  be  returned  by  the  President  with- 
in ten  days  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  the  same  shall 
be  a  law,  in  like  manner  as  if  he  had  signed 


THE    UNITED    STATES.  15 

it,  unless  Congress,  by  their  adjournment, 
prevent  its  return;  in  which  case  it  shall 
not  be  a  law. 

3.  Every  order,  resolution,  or  vote  to 
which  the  concurrence  of  the  Senate  and 
House  of  Representatives  may  be  necessary 
(except  on  a  question  of  adjournment)  shall 
be  presented  to  the  President  of  the  United 
States,  and  before  the  same  shall  take  effect 
shall  be  approved  by  him,  or,  being  disap- 
proved by  him,  shall  be  repassed  by  two 
thirds  of  the  Senate  and  House  of  Eepre- 
sentatives,  according  to  the  rules  and  limita- 
tions prescribed  in  the  case  of  a  bill. 

Sect.  VIII.  —  The  Congress  shall  have 
power  — 

1.  To  lay  and  collect  taxes,  duties,  im- 
posts, and  excises  ;  to  pay  the  debts  and  pro- 
vide for  the  common  defence  and  general 
welfare  of  the  United  States  ;  but  all  duties, 
imposts,  and  excises  shall  be  uniform 
throughout  the  United  States  : 

2.  To  borrow  money  on  the  credit  of  the 
United  States  : 

3.  To  regulate  commerce  with  foreign  na- 


16  CONSTITUTION    OF 

tions,  and  among  tlie  several  states,  and  with 
the  Indian  tribes : 

4.  To  establish  a  uniform  rule  of  natu- 
ralization, and  uniform  laws  on  the  subject 
of  bankruptcies,  throughout  the  United 
States : 

5.  To  coin  money,  regulate  the  value 
thereof,  and  of  foreign  coin,  and  fix  the 
standard  of  weights  and  measures : 

6.  To  provide  for  the  punishment  of 
counterfeiting  the  securities  and  current 
coin  of  the  United  States  : 

7.  To  establish  post  offices  and  post 
roads : 

8.  To  promote  the  progress  of  science 
and  useful  arts,  by  securing,  for  limited 
times,  to  authors  and  inventors  the  exclu- 
sive right  to  their  respective  writings  and 
discoveries : 

9.  To  constitute  tribunals  inferior  to  the 
Supreme  Court : 

10.  To  define  and  punish  piracies  and 
felonies  committed  on  the  high  seas,  and 
offences  against  the  law  of  nations  : 

11.  To    declare    war,    grant    letters    of 


THE    UNITED    STATES.  17 

marque  and  reprisal,  and  make  rules  con- 
cerning captures  on  land  and  water  : 

12.  To  raise  and  support  armies ;  but  no 
appropriation  of  money  to  that  use  shall  be 
for  a  longer  term  than  two  years  : 

13.  To  provide  and  maintain  a  navy: 

14.  To  make  rules  for  the  government 
and  regulation  of  the  land  and  naval  forces  : 

15.  To  provide  for  calling  forth  the  mi- 
litia to  execute  the  laws  of  the  Union,  sup- 
press insurrections,  and  repel  invasions  : 

16.  To  provide  for  organizing,  arming, 
and  disciplining  the  militia,  and  for  govern- 
ing such  part  of  them  as  may  be  employed 
in  the  service  of  the  United  States,  reserv- 
ing to  the  states  respectively  the  appoint- 
ment of  the  officers,  and  the  authority  of 
training  the  militia,  according  to  the  dis- 
cipline prescribed  by  Congress  : 

17.  To  exercise  exclusive  legislation,  in 
all  cases  whatsoever,  over  such  district  (not 
exceeding  ten  miles  square)  as  may,  by  ces- 
sion of  particular  states,  and  the  acceptance 
of  Congress,  become  the  seat  of  government 
of  the  United  States,  and  to  exercise  like 


18  CONSTITUTION    OF 

authority  over  all  places  purchased  by  the 
consent  of  the  legislature  of  the  state  in 
which  the  same  shall  be,  for  the  erection  of 
forts,  magazines,  arsenals,  dock  yards,  and 
other  needful  buildings  :     And, 

18.  To  make  all  laws  which  shall  be 
necessary  and  proper  for  carrying  into  ex- 
ecution the  foregoing  powers,  and  all  other 
powers  vested  by  this  constitution  in  the 
government  of  the  United  States,  or  in  any 
department  or  officer  thereof. 

Sect.  IX.  —  1.  The  migration  or  impor- 
tation of  such  persons  as  any  of  the  states, 
now  existing,  shall  think  proper  to  admit, 
shall  not  be  prohibited  by  the  Congress  prior 
to  the  year  one  thousand  eight  hundred  and 
eight;  but  a  tax  or  duty  may  be  imposed 
on  such  importation,  not  exceeding  ten  dol- 
lars for  each  person. 

2.  The  privilege  of  the  writ  of  habeas 
corpus  shall  not  be  suspended,  unless  when, 
in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

3.  No  bill  of  attainder,  or  ex  post  facto 
law,  shall  be  passed. 


THE    UNITED    STATES.  19 

4.  No  capitation  or  other  direct  tax  shall 
be  laid,  unless  in  proportion  to  the  census 
or  enumeration  herein  before  directed  to  be 
taken. 

5.  No  tax  or  duty  shall  be  laid  on  articles 
exported  from  any  state.  No  preference 
shall  be  given,  by  any  regulation  of  com- 
merce or  revenue,  to  the  ports  of  one  state 
over  those  of  another ;  nor  shall  vessels 
bound  to  or  from  one  state  be  obliged  to 
enter,  clear,  or  pay  duties  in  another. 

6.  No  money  shall  be  drawn  from  the 
treasury  but  in  consequence  of  appropria- 
tions made  by  law  ;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures 
of  all  public  money  shall  be  published  from 
time  to  time. 

7.  No  title  of  nobility  shall  be  granted 
by  the  United  States ;  and  no  person  holding 
any  office  of  profit  or  trust  under  them  shall, 
without  the  consent  of  the  Congress,  accept 
of  any  present,  emolument,  office,  or  title  of 
any  kind  whatever,  from  any  king,  prince, 
or  foreign  state. 

Sect.  X.  —  1.  No  state  shall  enter  into 


20  CONSTITUTION    OF 

any  treaty,  alliance,  or  confederation ;  grant 
letters  of  marque  and  reprisal ;  coin  money  ; 
emit  bills  of  credit ;  make  any  thing  but 
gold  and  silver  coin  a  tender  in  payment  of 
debts ;  pass  any  bill  of  attainder,  ex  post 
facto  law,  or  law  impairing  the  obligation 
of  contracts  ;  or  grant  any  title  of  nobil- 
ity. 

2.  No  state  shall,  without  the  consent  of 
Congress,  lay  any  imposts  or  duties  on  im- 
ports or  exports,  except  what  may  be  ab- 
solutely necessary  for  executing  its  inspection 
laws ;  and  the  net  produce  of  all  duties  and 
imposts  laid  by  any  state  on  imports  or  ex- 
ports shall  be  for  the  use  of  the  treasury  of 
the  United  States  ;  and  all  such  laws  shall 
be  subject  to  the  revision  and  control  of  the 
Congress.  No  state  shall,  without  the  con- 
sent of  Congress,  lay  any  duty  on  tonnage, 
keep  trooj^s  or  ships  of  war  in  time  of  peace, 
enter  into  any  agreement  or  compact  with 
another  state  or  with  a  foreign  power,  or  en- 
gage in  war,  unless  actually  invaded,  or  in 
such  imminent  danger  as  will  not  admit  of 
delay. 


THE    UNITED    STATES.  21 

ARTICLE  11. 
Sect.  I.  —  1.  The  executive  power  shall 
be  vested  in  a  President  of  the  United 
States  of  America.  He  shall  hold  his  office 
during  the  term  of  four  years,  and,  together 
with  the  Vice-President,  chosen  for  the  same 
term,  be  elected  as  follows : 

2.  Each  state  shall  appoint,  in  such  man- 
ner as  the  legislature  thereof  may  direct,  a 
number  of  electors,  equal  to  the  whole  num- 
ber of  senators  and  representatives  to  which 
the  state  may  be  entitled  in  the  Congress ; 
but  no  senator  or  representative,  or  person 
holding  an  office  of  trust  or  profit  under  the 
United  States,  shall  be  appointed  an  elector. 

3.  [Annulled.  See  Amendments,  art. 
12.] 

4.  The  Congress  may  determine  the  time 
of  choosing  the  electors,  and  the  day  on 
which  they  shall  give  their  votes,  which  day 
shall  be  the  same  throughout  the  United 
States. 

5.  No  person  except  a  natural-born  citi- 
zen, or  a  citizen  of  the  United  States  at  the 
time   of  the   adoption  of   this   constitution. 


22  CONSTITUTION    OF 

sliall  be  eligible  to  the  office  of  President ; 
neitber  shall  any  person  be  eligible  to  that 
office  who  shall  not  have  attained  the  age  of 
thirty-five  years,  and  been  fourteen  years  a 
resident  within  the  United  States. 

6.  In  case  of  the  removal  of  the  Presi- 
dent from  office,  or  of  his  death,  resignation, 
or  inability  to  discharge  the  powers  and 
duties  of  said  office,  the  same  shall  devolve 
on  the  Yice-President ;  and  the  Congress 
may  by  law  provide  for  the  case  of  removal, 
death,  resignation,  or  inability,  both  of  the 
President  and  Yice-President,  declaring  what 
officer  shall  then  act  as  President,  and  such 
officer  shall  act  accordingly,  until  the  disabil- 
ity be  removed,  or  a  President  shall  be 
elected. 

7.  The  President  shall,  at  stated  times, 
receive  for  his  services  a  compensation  which 
shall  neither  be  increased  nor  diminished 
during  the  period  for  which  he  shall  have 
been  elected ;  and  he  shall  not  receive, 
within  that  period,  any  other  emolument 
from  the  United  States,  or  any  of  them. 

8.  Before  he  enter  on  the  execution   of 


THE   UNITED    STATES.  23 

his  office,  he  shall  take  the  following  oath  or 
affirmation  :  — 

"  I  do  solemnly  swear  (or  affirm)  that  I 
will  faithfully  execute  the  office  of  Presi- 
dent of  the  United  States,  and  will,  to  the 
best  of  my  ability,  preserve,  protect,  and 
defend  the  constitution  of  the  United 
States." 

Sect.  II.  —  1.  The  President  shall  be 
commander-in-chief  of  the  army  and  navy 
of  the  United  States,  and  of  the  militia  of 
the  several  states,  when  called  into  the  actu- 
al service  of  the  United  States :  he  may 
require  the  opinion,  in  writing,  of  the  prin- 
cipal officer  in  each  of  the  executive  depart- 
ments upon  any  subject  relating  to  the  duties 
of  their  respective  offices  ;  and  he  shall  have 
power  to  grant  reprieves  and  pardons  for 
offences  against  the  United  States,  except  in 
cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the 
advice  and  consent  of  the  Senate,  to  make 
treaties,  provided  two  thirds  of  the  senators 
present  concur ;  and  he  shall  nominate,  and 
by  and  with  the  advice  and  consent  of  the 


24  CONSTITUTION    OF 

Senate  shall  appoint,  ambassadors,  other  pub- 
lic ministers,  and  consuls,  judges  of  the  Su- 
preme Court,  and  all  other  officers  of  the 
United  States  whose  ajopointments  are  not 
herein  otherwise  provided  for,  and  which 
shall  be  established  by  law.  But  the  Con- 
gress may,  by  law,  vest  the  appointment  of 
such  inferior  officers  as  they  think  proper  in 
the  President  alone,  in  the  courts  of  law,  or 
in  the  heads  of  departments. 

3.  The  President  shall  have  power  to  fill 
up  all  vacancies  that  may  happen  during  the 
recess  of  the  Senate,  by  granting  commis- 
sions, which  shall  expire  at  the  end  of  their 
next  session. 

Sect.  III.  — He  shall,  from  time  to  time, 
give  to  the  Congress  information  of  the  state 
of  the  Union,  and  recommend  to  their  con- 
sideration such  measures  as  he  shall  judge 
necessary  and  expedient  ,•  he  may,  on  extraor- 
dinary occasions,  convene  both  houses,  or 
either  of  them,  and  in  case  of  disagreement 
between  them  with  respect  to  the  time  of 
adjournment,  he  may  adjourn  them  to  such 
time  as  he  shall  think  proper ;  he  shall  re- 


THE    "UNITED    STATES.  25 

ceive  ambassadors  and  otlier  public  minis- 
ters ;  he  shall  take  care  that  the  laws  be  faith- 
fully executed  ;  and  shall  commission  all  the 
officers  of  the  United  States. 

Sect.  IV.  —  The  President,  Vice-Presi- 
dent, and  all  civil  officers  of  the  United 
States,  shall  be  removed  from  office  on  im- 
peachment for,  and  conviction  of,  treason, 
bribery,  or  other  high  crimes  and  misde- 
meanors. 

ARTICLE   III. 

Sect.  I.  —  The  judicial  power  of  the 
United  States  shall  be  vested  in  one  Su- 
preme Court,  and  in  such  inferior  courts  as 
the  Congress  may,  from  time  to  time,  ordain 
and  establish.  The  judges,  both  of  the  Su- 
preme and  inferior  courts,  shall  hold  their 
offices  during  good  behavior,  and  shall,  at 
stated  times,  receive  for  their  services  a  com- 
pensation which  shall  not  be  diminished  dur- 
ing their  continuance  in  office. 

Sect.  II.  —  1.  The  judicial  power  shall 
extend  to  all  cases  in  law  and  equity  arising 
under  this  constitution,  the  laws  of  the  Unit- 
ed States,  and  treaties  made,  or  which  shall 


26  CONSTITUTION    OF 

be  made,  imder  their  authority ;  to  all  cases 
affecting  ambassadors,  and  other  public  min- 
isters, and  consuls ;  to  all  cases  of  admiralty 
and  maritime  jurisdiction;  to  controversies 
to  which  the  United  States  shall  be  a  party ; 
to  controversies  between  two  or  more  states ; 
between  a. state  and  citizens  of  another  state  ; 
between  citizens  of  different  states  ;  between 
citizens  of  the  same  state,  claiming  lands  un- 
der grants  of  different  states,  and  between  a 
state,  or  the  citizens  thereof,  and  foreign 
states,  citizens,  or  subjects. 

2.  In  all  cases  affecting  ambassadors,  other 
public  ministers,  and  consuls,  and  those  in 
which  a  state  shall  be  a  party,  the  Supreme 
Court  shall  have  original  jurisdiction.  In  all 
other  cases  before  mentioned,  the  Supreme 
Court  shall  have  appellate  jurisdiction,  both 
as  to  law  and  fact,  with  such  exceptions,  and 
under  such  regulations,  as  the  Congress  shall 
make. 

3.  The  trial  of  all  crimes,  except  in  cases 
of  impeachment,  shall  be  by  jury ;  and  such 
trial  shall  be  held  in  the  state  where  the  said 
crimes  shall  have  been  committed ;  but  when 


THE   UNITED    STATES.  27 

not  committed  wltliln  any  state,  the  trial  shall 
be  at  such  a  place  or  places  as  the  Congress 
may  by  law  have  directed. 

Sect.  III.  —  1.  Treason  against  the  Unit- 
ed States  shall  consist  only  in  levying  war 
against  them,  or  in  adhering  to  their  en- 
emies, giving  them  aid  and  comfort.  No 
person  shall  be  convicted  of  treason,  unless 
on  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  confessions  in  open  court. 

2.  The  Congress  shall  have  power  to  de- 
clare the  punishment  of  treason ;  but  no  at- 
tainder of  treason  shall  work  corruption  of 
blood,  or  forfeiture,  except  during  the  life 
of  the  person  attainted. 

ARTICLE   IV. 

Sect.  I.  —  Full  faith  and  credit  shall  be 
given  in  each  state  to  the  public  acts,  rec- 
ords, and  judicial  proceedings  of  every  other 
state.  And  the  Congress  may,  by  general 
laws,  prescribe  the  manner  in  which  such 
acts,  records,  and  proceedings  shall  be 
proved,  and  the  effect  thereof. 

Sect.  II.  —  1.  The  citizens  of  each  state 


28  CONSTITUTIOX    OF 

shall  be  entitled  to  all  privileges  and  immu- 
nities of  citizens  in  the  several  states. 

2.  A  person  charged  in  any  state  with 
treason,  felony,  or  other  crime,  who  shall 
flee  from  justice,  and  be  found  in  another 
state,  shall,  on  demand  of  the  executive  au- 
thority of  the  state  from  which  he  fled,  be 
delivered  up  to  be  removed  to  the  state 
having  jurisdiction  of  the  crime. 

3.  No  person  held  to  service  or  labor  in 
one  state,  under  the  laws  thereof,  escaping 
into  another,  shall,  in  consequence  of  any 
law  or  regulation  therein,  be  discharged  from 
such  service  or  labor,  but  shall  be  delivered 
up  on  claim  of  the  party  to  whom  such  ser- 
vice or  labor  may  be  due. 

Sect.  III.  —  1.  New  states  may  be  ad- 
mitted by  the  Congress  into  this  Union  ;  but 
no  new  state  shall  be  formed  or  erected  with- 
in the  jurisdiction  of  any  other  state ;  nor 
any  state  be  formed  by  the  junction  of  two 
or  more  states,  or  parts  of  states,  without  the 
consent  of  the  legislature  of  the  states  con- 
cerned, as  well  as  of  the  Congress. 

2.  The  Congress  shall  have  power  to  dis- 


THE    UNITED    STATES.  29 

pose  of  and  make  all  needful  rules  and  reg- 
ulations respecting  the  territory  or  other 
property  belonging  to  the  United  States ; 
and  nothing  in  this  constitution  shall  be  so 
construed  as  to  prejudice  any  claims  of  the 
United  States,  or  of  any  particular  state. 

Sect.  IV.  ^ — The  United  States  shall 
guaranty  to  every  state  of  this  Union  a  re- 
publican form  of  government,  and  shall  pro- 
tect each  of  them  against  invasion,  and,  on 
application  of  the  legislature,  or  of  the  ex- 
ecutive, (when  the  legislature  cannot  be  con- 
vened,) against  domestic  violence. 

ARTICLE   V. 

The  Congress,  whenever  two  thirds  of 
both  houses  shall  deem  it  necessary,  shall 
propose  amendments  to  this  constitution,  or, 
on  the  application  of  the  legislatures  of  two 
thirds  of  the  several  states,  shall  call  a  con- 
vention for  proposing  amendments,  which, 
in  either  case,  shall  be  valid  to  all  intents 
and  purposes,  as  part  of  this  constitution, 
when  ratified  by  the  legislatures  of  three 
fourths  of  the  several  states,  or  by  conven- 
— 


30  CONSTITUTION    OF 

tions  in  three  fourths  thereof,  as  the  one  or 
the  other  mode  of  ratification  may  be  pro- 
posed by  the  Congress  ;  provided  that  no 
amendment  which  may  be  made  prior  to  the 
year  one  thousand  eight  hundred  and  eight 
shall  in  any  manner  affect  the  first  and  fourth 
clauses  in  the  ninth  section  of  the  first  arti- 
cle ;  and  that  no  state,  without  its  consent, 
shall  be  deprived  of  its  equal  suffrage  in  the 
Senate. 

ARTICLE   VI. 

1.  All  debts  contracted,  and  engagements 
entered  into,  before  the  adoption  of  this  con- 
stitution, shall  be  as  valid  against  the  Unit- 
ed States  under  this  constitution  as  under 
the  confederation. 

2.  This  constitution,  and  the  laws  of  the 
United  States  which  shall  be  made  in  pursu- 
ance thereof,  and  all  treaties  made,  or  which 
shall  be  made,  under  the  authority  of  the 
United  States,  shall  be  the  supreme  law  of 
the  land ;  and  the  judges  in  every  state  shall 
be  bound  thereby ;  any  thing  in  the  constitu- 
tion or  laws  of  any  state  to  the  contrary  not- 
withstanding. 


THE   UNITED    STATES.  31 

3.  The  senators  and  representatives  before 
mentioned,  and  the  members  of  the  several 
state  legislatures,  and  all  executive  and  ju- 
dicial officers,  both  of  the  United  States  and 
of  the  several  states,  shall  be  bound  by  oath 
or  affirmation  to  support  this  constitution ; 
but  no  religious  test  shall  ever  be  required 
as  a  qualification  to  any  office  or  public  trust 
under  the  United  States. 

ARTICLE   VIl. 

The  ratification  of  the  conventions  of  nine 
states  shall  be  sufficient  for  the  establish- 
ment of  this  constitution  between  the  states 
so  ratifying  the  same. 

Done  in  convention,  by  the  unanimous  consent  of 
the  states  present,  the  seventeenth  day  of  Sep- 
tember, in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  eighty-seven,  and  of  the  In- 
dependence of  the  United  States  of  America  the 
twelfth.  In  witness  v/hereof,  we  have  hereunto 
subscribed  our  names. 

GEORGE  WASHINGTON, 

President,  and  Deputy  from  Virginia. 


32                              CO^QSTITUTION. 

NEIV  HAMPSHIRE. 

DELAWARE. 

JOHN    LAXGDON, 

GEORGE  READ, 

NICHOLAS  OILMAN. 

GUNNLNG  BEDFORD,  JR. 

JOHN   DICKINSON, 

3IASSACHUSETTS. 

RICHARD   BASSETT, 

NATHANIEL   GORHAM, 

JACOB   BROOM. 

RUFUS   KING. 

3IARYLAND 

CONXECTICUT. 

JAMES    M'HEXRY, 

WM.   SAMUEL  JOHNSON, 
ROGER   SHERMAN. 

DAN'L  OF  ST.  THO.  JENIFER, 
DANIEL  CARROLL. 

NEW    YORK. 

VIRGINIA. 

ALEXANDER  HAMILTON. 

JOHN  BLAIR, 
JAMES   MADISON,  JR. 

NEW  JERSEY. 

WILLIAIM   LIVINGSTON, 
DAVID    BREARLEY, 
WILLI A.M   PATTERSON, 
JONATHAN   DAYTON. 

NORTH  CAROLINA. 
WILLIAM   BLOUNT, 
RICH.  DOBBS   SPAIGHT, 
HUGH   WILLIAMSON. 

PEXXS  YL  VAXIA. 

SOUTH  CAROLINA. 

BENJAMIN  FRANKLIN, 
THOMAS   MIFFLIN, 
ROBERT   MORRIS, 
GEORGE   CLYMER, 

JOHN  RUTLEDGE, 
CHARLES   C.   PINCKNEY, 
CHARLES  PINCKNEY, 
PIERCE   BUTLER. 

THOMAS   FITZSIMONS, 
JARED   INGERSOLL, 
JAMES   WILSON, 
GOUVERNEUR   MORRIS. 

GEORGIA. 
WILLIAM   FEW, 
ABRAHAM  BALDWIN. 

Attest,        WILLIAM  JACKSON,  Secretary/. 

AMENDMENTS  TO  THE  CONSTITUTION. 

AiiT.  I.  —  Congress  shall  make  no  law 
respecting  an  establishment  of  religion,  or 
prohibiting  the  free  exercise  thereof;  or 
abridging  the  freedom  of  speech,  or  of  the 
press ;  or  the  right  of  the  people  peaceably 
to  assemble  and  to  petition  the  government 
for  a  redress  of  grievances. 

Art.  II.  —  A  well-regulated  militia  being 
necessary  to  the  security  of  a  free  state,  the 
right  of  the  people  to  keep  and  bear  arms 
shall  not  be  infringed. 

AnT.  III.  —  No  soldier  shall,  in  time  of 
peace,  be  quartered  in  any  house  without 
the  consent  of  the  owner,  nor  in  time  of 
war  but  in  a  manner  to  be  prescribed  by 
law. 

Art.  TV.  —  The  right  of  the  people  to 
be  secure  in  their  persons,  houses,  papers, 
and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated  ;  and  no 
warrants  shall  issue  but  upon  probable  cause, 

(33) 


O-i  AMENDMENTS. 

supported  by  oath  or  affirmation,  and  par- 
ticularly describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 

Art.  V.  —  No  person  shall  be  held  to 
answer  for  a  capital  or  otherwise  infamous 
crime,  unless  on  a  presentment  or  indictment 
of  a  grand  jury,  except  in  cases  arising  in 
the  land  or  naval  forces,  or  in  the  militia 
when  in  actual  service,  in  time  of  war  or 
public  danger ;  nor  shall  any  person  be  sub- 
ject for  the  same  offence  to  be  twice  put  in 
jeopardy  of  life  or  limb  ;  nor  shall  be  com- 
pelled, in  any  criminal  case,  to  be  witness 
against  himself,  nor  be  deprived  of  life,  lib- 
erty, or  property,  without  due  process  of 
law ;  nor  shall  private  property  be  taken  for 
public  use  without  just  compensation. 

Art.  VI.  —  In  all  criminal  prosecutions, 
the  accused  shall  enjoy  the  right  to  a  speedy 
and  public  trial  by  an  impartial  jury  of  the 
state  and  district  wherein  the  crime  shall 
have  l^een  committed,  which  district  shall 
have  been  previously  ascertained  by  law, 
and  to  be  informed  of  the  nature  and  cause 
of  the  accusation  ;  to  be  confronted  with  the 


AMENDMENTS.  35 

witnesses  against  liim  ;  to-,  have  compulsory 
process  for  obtaining  witnesses  in  his  favor ; 
and  to  have  the  assistance  of  counsel  for  his 
defence. 

Art.  VII.  —  In  suits  of  common  law, 
where  the  value  in  controversy  shall  exceed 
twenty  dollars,  the  right  of  trial  by  jury  shall 
be  preserved  ;  and  no  fact,  tried  by  a  jury, 
shall  be  otherwise  reexamined  in  any  court 
of  the  United  States  than  according  to  the 
rules  of  the  common  law. 

Art.  VIII.  — Excessive  bail  shall  not 
be  required,  nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

Art.  IX.  —  The  enumeration  in  the  con- 
stitution of  certain   risfhts   shall  not  be  con- 

o 

strued  to  deny  or  disparage  others  retained 
by  the  people. 

Art.  X.  —  The  powers  not  delegated  to 
the  United  States  by  the  constitution,  nor 
prohibited  by  it  to  the  states,  are  reserved 
to  the  states  respectively,  or  to  the  people. 

Art.  XI.  —  The  judicial  power  of  the 
United  States  shall  not  be  construed  to  ex- 
tend to  any  suit  in  law  or  equity  commenced 


36  AMENDMENTS. 

or  prosecuted  against  one  of  the  United 
States  by  citizens  of  another  state,  or  by  cit- 
izens or  subjects  of  any  foreign  state. 

Art.  XII.  —  1.  The  electors  shall  meet 
in  their  respective  states,  and  vote  by  ballot 
for  President  and  Vice-President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of 
the  same  state  with  themselves  ;  they  shall 
name  in  their  ballots  the  person  voted  for 
as  President,  and  in  distinct  ballots  the  per- 
son voted  for  as  Vice-President  ;  and  they 
shall  make  distinct  lists  of  all  persons  voted 
for  as  President,  and  of  all  persons  voted  for 
as  Vice-President,  and  of  the  number  of 
votes  for  each ;  which  lists  they  shall  sign 
and  certify,  and  transmit,  sealed,  to  the  seat 
of  government  of  the  United  vStates,  directed 
to  the  president  of  the  Senate.  The  presi- 
dent of  the  Senate  shall,  in  the  presence  of 
the  Senate  and  House  of  Pepresentatives, 
open  all  the  certificates,  and  the  votes  shall 
then  be  counted  ;  the  person  having  the 
greatest  number  of  votes  for  President  shall 
be  President,  if  such  number  be  a  majority 
of  the  whole  number  of  electors  appointed  ; 


AMENDMENTS.  O  i 

•and  if  no  person  liave  such  majority,  then 
from  the  persons  having  the  highest  number, 
not  exceeding  three,  on  the  list  of  those 
voted  for  as  President,  the  House  of  Repre- 
sentatives shall  choose  immediately,  by  bal- 
lot, the  President.  But,  in  choosing  the 
President,  the  votes  shall  be  taken  by  states, 
the  representation  from  each  state  having 
one  vote ;  a  quorum  for  this  purpose  shall 
consist  of  a  member  or  members  from  two 
thirds  of  the  states,  and  a  majority  of  all  the 
states  shall  be  necessary  to  a  choice.  And 
if  the  House  of  Eepresentatives  shall  not 
choose  a  President,  whenever  the  right  of 
choice  shall  devolve  upon  them,  before  the 
fourth  day  of  March  next  following,  then 
the  Vice-President  shall  act  as  President,  as 
in  the  case  of  the  death  or  other  constitu- 
tional disability  of  the  President. 

2.  The  person  having  the  greatest  num- 
ber of  votes  as  Vice-President  shall  be  the 
Vice-President,  if  such  number  be  a  major- 
ity of  the  whole  number  of  electors  appoint- 
ed ;  and  if  no  person  have  a  majority,  then 
from  the  two  highest  numbers   on  the  list 


38  AMENDMENTS. 

the  Senate  shall  choose  the  Vice-President ; 
a  quorum  for  the  purpose  shall  consist  of 
two  thirds  of  the  whole  number  of  senators, 
and  a  majority  of  the  whole  number  shall 
be  necessary  to  a  choice. 

3.  But  no  person  constitutionally  ineligi- 
ble to  the  office  of  President  shall  be  eligible 
to  that  of  Vice-President  of  the  United 
States. 

Art.  XIII.  —  If  any  citizen  of  the  United 
States  shall  accept,  claim,  receive,  or  retain 
any  title  of  nobility  or  honor,  or  shall,  with- 
out the  consent  of  Congress,  accept  or  retain 
any  present,  pension,  office,  or  emolument 
of  any  kind  whatever,  from  any  emperor, 
king,  prince,  or  foreign  power,  such  person 
shall  cease  to  be  a  citizen  of  the  United 
States,  and  shall  be  incapable  of  holding  any 
office  of  trust  or  profit  under  them,  or  either 
of  them. 


DECLARATION 


OP 


INDEPENDENCE 


In  Congress,  July  4,  1776. 
By  the  Representatives  of  the  United  States,  in  Con- 
gress assembled. 

A*  DECLARATION. 

When,  in  the  course  of  human  events, 
it  becomes  necessary  for  one  people  to  dis- 
solve the  political  bands  which  have  con- 
nected them  with  another,  and  to  assume 
among  the  powers  of  the  earth  the  separate 
and  equal  station  to  which  the  laws  of  na- 
ture and  of  nature's  God  entitle  them,  a 
decent  respect  for  the  opinions  of  mankind 
requires  that  they  should  declare  the  causes 
which  impel  them  to  the  separation. 

"We  hold  these  truths  to  be  self-evident : 
—  that  all  men  are  created  equal ;  that  they 
are  endowed  by  their  Creator  with  certain 
unalienable    rights  ;    that   among   these   are 

(39) 


40  DECLARATION    OF 

life,  liberty,  and  the  pursuit  of  happiness ; 
that,  to  secure  these  rights,  governments  are 
instituted  among  men,  deriving  their  just 
powers  from  the  consent  of  the  governed ; 
that  whenever  any  form  of  government  be- 
comes destructive  of  these  ends  it  is  the 
right  of  the  people  to  alter  or  to  abolish  it, 
and  to  institute  a  new  government,  laying 
its  foundation  on  such  principles,  and  organ- 
izing its  powers  in  such  form,  as  to  them 
shall  seem  most  likely  to  effect  their  safety 
and  happiness.  Prudence,  indeed,  will  dic- 
tate that  governments  long  established  should 
not  be  changed  for  light  and  transient 
causes  ;  and  accordingly  all  experience  hath 
shown  that  mankind  are  more  disposed  to 
suffer,  while  evils  are  sufferable,  than  to 
right  themselves  by  abolishing  the  forms  to 
which  they  are  accustomed.  But  when  a 
long  train  of  abuses  and  usurpations,  pur- 
suing invariably  the  same  object,  evinces  a 
design  to  reduce  them  under  absolute  des- 
potism, it  is  their  right,  it  is  their  duty,  to 
throw  off  such  government,  and  to  provide 
new  guards  for  their  future  security.     Such 


INDEPENDENCE.  41 

has  been  the  patient  sufferance  of  these  col- 
onies ;  and  such  is  now  the  necessity  which 
constrains  them  to  alter  their  former  system 
of  government.  The  history  of  the  present 
King  of  Great  Britain  is  a  history  of  re- 
peated injuries  and  usurpations,  all  having 
in  direct  object  the  estabhshment  of  an  ab- 
solute tyranny  over  these  states.  To  prove 
this,  let  facts  be  submitted  to  a  candid 
world. 

He  has  refused  his  assent  to  laws  the  most 
wholesome  and  necessary  for  the  public  good. 

He  has  forbidden  his  governors  to*  pass 
laws  of  immediate  and  pressing  importance, 
unless  suspended  in  their  operation  till  his 
assent  should  be  obtained ;  and,  when  so 
suspended,  he  has  utterly  neglected  to  attend 
to  them. 

He  has  refused  to  pass  other  laws  for  the 
accommodation  of  large  districts  of  people, 
unless  those  people  would  relinquish  the 
right  of  representation  in  the  legislature  — 
a  right  inestimable  to  them,  and  formidable 
to  tyrants  only. 

He  has  called  together  legislative  bodies 


43  DECLARATION    OF 

at  places  unusual,  uncomfortable,  and  distant 
from  the  depository  of  their  public  records, 
for  the  sole  piu-pose  of  fatiguing  them  into 
compliance  with  his  measures. 

He  has  dissolved  representative  houses 
repeatedly,  for  opposing,  with  manly  firm- 
ness, his  invasions  on  the  rights  of  the  peo- 
ple. 

He  has  refused,  for  a  long  time  after  such 
dissolutions,  to  cause  others  to  be  elected ; 
whereby  the  legislative  powers,  incapable 
of  annihilation,  have  returned  to  the  people 
at  large  for  their  exercise  ;  the  state  remain- 
ing, in  the  mean  time,  exposed  to  all  the 
danger  of  invasion  from  without  and  con- 
vulsions within. 

He  has  endeavored  to  prevent  the  popula- 
tion of  these  states  ;  for  that  purpose  ob- 
structing the  laws  for  naturalization  of  for- 
eigners, refusing  to  pass  others  to  encourage 
their  migration  hither,  and  raising  the  con- 
ditions .of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of 
justice,  by  refusing  his  assent  to  laws  for 
establishing  judiciary  powers. 


INDEPENDENCE.  43 

He  lias  made  judges  dependent  on  his 
will  alone  for  the  tenure  of  their  offices  and 
the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  of- 
fices, and  sent  hither  swarms  of  officers,  to 
harass  our  people  and  eat  out  their  substance. 

He  has  kept  among  us,  in  times  of  peace, 
standing  armies,  without  the  consent  of  our 
legislatures. 

He  has  affected  to  render  the  military 
independent  of  and  superior  to  the  civil 
power. 

He  has  combined  with  others  to  subject 
us  to  a  jurisdiction  foreign  to  our  constitu- 
tion and  unacknowledged  by  our  laws  ;  giv- 
ing his  assent  to  their  acts  of  pretended  le- 
gislation, — 

For  quartering  large  bodies  of  armed 
troops  among  us  : 

For  protecting  them,  by  a  mock  trial, 
from  punishment  for  any  murders  which 
they  should  commit  on  the  inhabitants  of 
these  states : 

For  cutting  off  our  trade  with  all  parts 
of  the  world: 


44  DECLARATION    OF 

For  imposing  taxes  on  us  without  our 
consent : 

For  depriving  us,  in  many  cases,  of  the 
benefits  of  trial  by  jury  : 

For  transporting  us  beyond  seas,  to  be 
tried  for  pretended  offences  : 

For  abolishing  the  free  system  of  Eng- 
lish law  in  a  neighboring  province,  establish- 
ing therein  an  arbitrary  government,  and 
enlarging  its  boundaries  so  as  to  render  it  at 
once  an  example  and  fit  instrument  for  in- 
troducing the  same  absolute  rule  into  these 
colonies  : 

For  taking  away  our  charters,  abolishing 
our  most  valuable  laws,  and  altering  funda- 
mentally the  forms  of  our  government : 

For  suspending  our  own  legislatures,  and 
declaring  themselves  invested  with  power 
to  legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  government  here  by  de- 
claring us  out  of  his  protection,  and  waging 
war  against  us. 

lie  has  plundered  our  seas,  ravaged  our 
coasts,  burned  our  towns,  and  destroyed  the 
lives  of  our  people. 


INDEPENDENCE.  45 

He  is  at  this  time  transporting  large 
armies  of  foreign  mercenaries,  to  complete 
the  works  of  death,  desolation,  and  tyranny, 
already  begun,  with  circumstances  of  cruel- 
ty and  perfidy  scarcely  paralleled  in  the  most 
barbarous  ages,  and  totally  unworthy  the 
head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens, 
taken  captive  on  the  high  seas,  to  bear  arms 
against  their  country,  to  become  the  execu- 
tioners of  their  friends  and  brethren,  or  to 
fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections 
amongst  us,  and  has  endeavored  to  bring  on 
the  inhabitants  of  our  frontiers  the  merci- 
less Indian  savages,  whose  known  rule  of 
warfare  is  an  undistinguished  destruction  of 
all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions  we 
have  petitioned  for  redress  in  the  most  hum- 
ble terms  ;  our  petitions  have  been  answered 
only  by  repeated  injury.  A  prince  whose 
character  is  thus  marked  by  every  act  which 
may  define  a  tyrant  is  unfit  to  be  the  ruler 
of  a  free  people. 


46  DECLARATION    OF 

Nor  have  we  been  wanting  in  attention  to 
our  British  brethren.  We  have  warned 
them,  from  time  to  time,  of  attempts  made 
by  their  legislature  to  extend  an  unwarrant- 
able jurisdiction  over  us.  We  have  remind- 
ed them  of  the  circumstances  of  our  emigra- 
tion and  settlement  here.  We  have  appealed 
to  their  native  justice  and  magnanimity,  and 
we  have  conjured  them,  by  the  ties  of  our  com- 
mon kindred,  to  disavow  these  usarpations, 
which  would  inevitably  interrupt  our  con- 
nections and  correspondence.  They,  too, 
have  been  deaf  to  the  voice  of  justice  and 
consanguinity.  We  must  therefore  acqui- 
esce in  the  necessity  which  denounces  our 
separation,  and  hold  them,  as  we  hold  the 
rest  of  mankind,  enemies  in  war  —  in  peace, 
friends. 

We,  therefore,  the  representatives  of  the 
United  States  of  America,  in  General  Con- 
gress assembled,  appealing  to  the  Supreme 
Judge  of  the  world  for  the  rectitude  of  our 
intentions,  do,  in  the  name  and  by  the  au- 
thority of  the  good  people  of  these  colonies, 
solemnly   publish   and    declare    that    these 


INDEPENDENCE.  47 

United  Colonies  are,  and  of  right  ought  to 
be,  free  and  independent  states ;  that  they 
are  absolved  from  all  allegiance  to  the  British 
crown,  and  that  all  political  connection  be- 
tween them  and  the  state  of  Great  Britain 
is,  and  ought  to  be,  totally  dissolved;  and 
that,  as  free  and  independent  states,  they 
have  full  power  to  levy  war,  conclude  peace, 
contract  alliances,  establish  commerce,  and 
to  do  all  other  acts  and  things  which  inde- 
pendent states  may  of  right  do.  And  for 
the  support  of  this  declaration,  with  a  firm  re- 
liance on  the  protection  of  Divine  Provi- 
dence, we  mutually  pledge  to  each  other  our 
lives,  our  fortunes,  and  our  sacred  honor. 
Signed  by  order    and   in   behalf  of  the 

Congress. 

JOHN   HANCOCK,   President. 
Attested,   CHARLES  THOMPSON,   Secretary. 


NEW  HAMPSHIRE.         ROBERT  TREAT  PAINE, 
JOSIAH   BARTLETT,  ELBRIDGE  GERRY. 

WILLIAM  WHIPPLE, 

MATTHEW  THORNTON.  RHODE   ISLAND,   ^c. 

STEPHEN   HOPKINS, 
MASSACHUSETTS  WILLIAM  ELLERY. 


BAY. 


CONNECTICUT. 


SAMUEL  ADAMS, 

JOHN  ADAMS,  ROGER   SHERMAN, 


48         DECLARATION 

OF    INDEPENDENCE. 

SAMUEL  HUNTINGTON, 

MARY'LAND. 

WILLIAM  WILLIAMS, 
OLIVER  WOLCOTT. 

SAMUEL  CHASE, 
WILLIAM    PACA, 

NEW   YORK. 

THOMAS    STONE, 
CHARLES  CARROLL,  of  Car- 

WILLIAM  FLOYD, 

roUton. 

PHILIP  LIVLNGSTON, 

FRANCIS   LEWIS, 
LEWIS   MORRIS. 

VIRGINIA. 
GEORGE   WYTHE, 

NEW  JERSEY. 
RICHARD  STOCKTON, 
JOHN   WITHEKSPOON, 
FRANCIS   HOPKINSON, 
JOHN   HART, 
ABRAHAM   CLARK. 

RICHARD   HENRY   LEE, 
THOMAS  JEFFERSON, 
BENJAMIN   HARRISON, 
THO.MAS   NELSON,   JR., 
FRANCIS  LIGHTFOOT  LEE, 
CARTER  BRAXTON. 

PENNSYLVANIA. 
ROBERT   MORRIS, 
BENJAMIN    RUSH, 
BENJAMIN  FRANKLIN, 

NORTH    CAROLINA. 
WILLIAM   HOOPER, 
JOSEPH    HE  WES, 
JOHN  PENN. 

JOHN    MORTON. 
GEORGE   CLYMER, 

SOUTH  CAROLINA. 

JAMES   SMITH, 

EDWARD   RUTLEDGE, 

GEORGE  TAYLOR, 

THOMAS     HEYWARD,   JR., 

JAMES   WILSON, 

THOMAS   LYxNCH,   JR., 

GEORGE  ROSS. 

ARTHUR   MIDDLETON. 

DELAWARE. 

GEORGIA. 

C^SAR   RODNEY, 

BUTTON  GWINNETT, 

GEORGE   READ, 

LYMAN   HALL, 

THOMAS   M'KEAN. 

GEORGE  WALTON. 

THE   ORDINANCE   OF   1787. 

Passed  by  Congress  previous  to  the  Adoption  of  the 
New  Constitution,  and  subsequently  adopted  by 
Congress,  Aug.  7,  1789,  entitled,  An  Ordinance 
for  the  Government  of  the  Territory  of  the  United 
States  north-west  of  the  River  Ohio. 

(All  the  Articles  of  this  ordinance,  previous  to  Article 
yi.,  relate  to  the  organization  and  powers  of  the  govern- 
ment of  the  territory,  the  following  section,  being  all  that 
relates  to  slavery.) 

ARTICLE  VI. 
There  shall  be  neither  slavery  nor  invol- 
untary servitude  in  the  said  territory,  other- 
wise than  in  punishment  of  crimes,  whereof 
the  party  shall  have  been  duly  convicted : 
Provided  always,  that  any  person  escaping 
into  the  same,  from  whom  labor  or  service  is 
lawfully  claimed  in  any  one  of  the  origi- 
nal states,  such  fugitive  may  be  lawfully  re- 
claimed and  conveyed  to  the  person  claiming 
his  or  her  labor  or  service,  as  aforesaid. 

Done  by  the  United  States  in  Congress  assembled 
the  thirteenth  day  of  July,  in  the  year  of  our 
Lord  1787,  and  of  the  sovereignty  and  Independ- 
ence the  twelfth. 

WILLIAM   GRAYSON,  Chairman. 

CHARLES  THOMPSON,  Secretary. 


C49) 


THE    FUGITIVE    SLAVE  BILL 
OF  1793. 

Adopted  February  12,  1793. 

An  Act  respecting  Fugitives  from  Justice, 
and  Persons  escaping  from  the  Service  of 
their  Masters. 

Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of 
America  in  Congress  assembled,  That  when- 
ever the  executive  authority  of  any  state  in 
the  Union,  or  of  either  of  the  territories 
north-west  or  south  of  the  River  Ohio,  shall 
demand  any  person,  as  a  fugitive  from  jus- 
tice, of  the  executive  authority  of  any  such 
state  or  territory  to  which  such  person  shall 
have  fled,  and  shall,  moreover,  produce  the 
copy  of  an  indictment  found,  or  an  affidavit 
made  before  a  magistrate  of  any  state  or  ter- 
ritory as  aforesaid,  charging  the  person  so 
demanded  with  having  committed  treason, 
felony,  or  other  crime,  certified  as  authentic 
by  the  governor  or  chief  magistrate  of  the 
state  or  territory  from  whence  the  person  so 
charged   fled,  it  shall  be  the  duty  of   the 

— 


FUGITIVE    SLAVE    BILL    OF    1793.  51 

executive  authority  of  the  state  or  territory  to 
^vhich  such  person  shall  have  fled,  to  cause 
him  or  her  to  be  arrested  and  secured,  and 
notice  of  the  arrest  to  be  given  to  the  execu- 
tive authority  making  such  demand,  or  to  the 
agent  of  such  authority  appointed  to  receive 
the  fugitive,  and  to  cause  the  fugitive  to  be 
delivered  to  such  agent  when  he  shall  ap- 
pear. But  if  no  such  agent  shall  appear 
within  six  months  from  the  time  of  the  ar- 
rest, the  prisoner  may  be  discharged.  And 
all  costs  or  expanses  incurred  in  the  appre- 
hending, securing,  and  transmitting  such  fu- 
gitive to  the  state  or  territory  making  such 
demand,  shall  be  paid  by  such  state  or  ter- 
ritory. 

And  be  it  further  enacted.  That  any  agent 
appointed  as  aforesaid,  who  shall  receive  the 
fugitive  into  his  custody,  shall  be  empowered 
to  transport  him  or  her  to  the  state  or  ter- 
ritory from  which  he  or  she  shall  have  fled. 
And  if  any  person  or  persons  shall  by  force 
set  at  liberty  or  rescue  the  fugitive  from 
such  agent  while  transporting  as  aforesaid, 
the  person  or  persons  so  offending  shall,  on 


52  FUGITIVE    SLAVE    BILL    OF    1793. 

conviction,  be  fined  not  exceeding  five  hun- 
dred dollars,  and  be  imprisoned  not  exceed- 
ing one  year. 

And  be  it  also  enacted.  That  when  a  per- 
son held  to  labor  in  any  of  the  United 
States,  or  in  either  of  the  territories  on  the 
north-west  or  south  of  the  River  Ohio,  under 
the  laws  thereof,  shall  escape  into  any  other 
of  the  said  states  or  territory,  the  person  to 
whom  such  labor  or  service  may  be  due,  his 
agent  or  attorney,  is  hereby  empowered  to 
seize  or  arrest  such  fugitive  from  labor,  and 
to  take  him  or  her  before  any  judge  of  the 
Circuit  or  District  Courts  of  the  United 
States,  residing  or  being  within  the  state,  or 
before  any  magistrate  of  a  county,  city,  or 
town  corporate,  wherein  such  seizure  or  ar- 
rest shall  be  made,  and  upon  proof  to  the 
satisfaction  of  such  judge  or  magistrate, 
either  by  oral  testimony  or  affidavit  taken  be- 
fore, and  certified  by,  a  magistrate  of  any 
such  state  or  territory,  that  the  person  so 
seized  or  arrested  doth,  under  the  laws  of 
the  state  or  territory  from  which  he  or  she 
fled,   owe    services    or  labor   to   the   person 


FUGITIVE    SLAVE    BILL    OF    1793.  53 

claiming  him  or  her,  it  shall  be  the  duty  of 
such  judge  or  magistrate  to  give  a  certificate 
thereof  to  such  claimant,  his  agent  or  attor- 
ney, which  shall  be  sufficient  warrant  for 
removing  the  said  fugitive  from  labor  to  the 
state  or  territory  from  which  he  or  she  fled. 
And  be  it  further  enacted.  That  any  per- 
son who  shall  knowingly  and  willingly  ob- 
struct or  hinder  such  claimant,  his  agent  or 
attorney,  in  so  seizing  or  arresting  such  fu- 
gitive from  labor,  or  shall  rescue  such  fugi- 
tive from  such  claimant,  his  agent  or  attorney, 
when  so  arrested  pursuant  to  the  authority 
herein  given  or  declared,  or  shall  harbor  or 
conceal  such  person  after  notice  that  he  or 
she  was  a  fugitive  from  labor  as  aforesaid, 
shall,  for  either  of  the  said  offences,  forfeit 
and  pay  the  sum  of  five  hundred  dollars. 
Which  penalty  may  be  recovered  by  and  for 
the  benefit  of  such  claimant,  by  action  of 
debt,  in  any  court  proper  to  try  the  same  ; 
saving,  moreover,  to  the  person  claiming 
such  labor  or  service,  his  right  of  action  for 
or  on  account  of  the  said  injuries,  or  either 
of  them. 


THE   FUGITIVE   SLAVE   BILL 
OF   1850. 

Signed  September  18,  1850. 

An  Act  to  amend,  and  supplementary  to, 
the  Act  entitled  "  An  Act  respecting  Fu- 
gitives from  Justice,  and  Persons  escaping 
from  the  Service  of  their  Masters,"  ap- 
proved February  twelfth,  one  thousand 
seven  hundred  and  ninety-three. 

Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of 
America  in  Congress  assembled,  That  the 
persons  who  have  been,  or  may  hereafter  be, 
appointed  commissioners,  in  virtue  of  any 
act  of  Congress,  by  the  Circuit  Courts  of 
the  United  States,  and  who,  in  consequence 
of  such  appointment,  are  authorized  to  exer- 
cise the  powers  that  any  justice  of  the  peace, 
or  other  magistrate  of  any  of  the  United 
States,  may  exercise  in  respect  to  offenders 
for  any  crime  or  offence  against  the  United 
States,  by  arresting,  imprisoning,  or  bailing 
the  same  under  and  by  virtue  of  the 
thirty-third  section  of  the  act  of  the  twenty- 


FUGITIVE    SLAVE    BILL    OF    1850.  55 

fourtli  of  September,  seventeen  hundred  and 
eighty -nine,  entitled  "  An  Act  to  establish 
the  judicial  courts  of  the  United  States," 
shall  be,  and  are  hereby,  authorized  and  re- 
quired to  exercise  and  discharge  all  the 
powers  and  duties  conferred  by  this  act. 

And  be  it  further  enacted.  That  the  Su- 
perior Court  of  each  organized  territory  of 
the  United  States  shall  have  the  same  power 
to  appoint  commissioners  to  take  acknowl- 
edgments of  bail  and  affidavits,  and  to  take 
depositions  of  witnesses  in  civil  causes,  which 
is  now  possessed  by  the  Circuit  Court  of  the 
United  States  ;  and  "  all  commissioners  who 
shall  hereafter  be  appointed  for  such  pur- 
poses by  the  Supreme  Court  of  any  organ- 
ized territory  of  the  United  States,  shall 
possess  all  the  powers,  and  exercise  all  the 
duties,  conferred  by  law  upon  the  comlssion- 
ers  appointed  by  the  Circuit  Courts  of  the 
United  States  for  similar  purposes,  and  shall 
moreover  exercise  and  discharge  all  the  pow- 
ers and  duties  conferred  by  this  act. 

And  be  it  further  enacted,  That  the  Cir- 
cuit Courts  of   the  United   States,  and   the 


56  FUGITIVE    SLAVE    BILL    OF    1850. 

Superior  Courts  of  each  organized  territory 
of  the  United  States,  shall  from  time  to  time 
enlarge  the  number  of  commissioners,  with 
a  view  to  afford  reasonable  facilities  to  re- 
claim fugitives  from  labor,  and  to  the  prompt 
discharge  of  the  duties  imposed  by  this  act. 

And  be  it  further  enacted.  That  the  com- 
missioners above  named  shall  have  concur- 
rent jurisdiction  with  the  judges  of  the  Cir- 
cuit and  District  Courts  of  the  United 
States,  in  their  respective  circuits  and  dis- 
tricts within  the  several  states,  and  the 
judges  of  the  Superior  Courts  of  the  ter- 
ritories severally  and  collectively,  in  term 
time  and  vacation  ;  and  shall  grant  certifi- 
cates to  such  claimants  upon  satisfactory 
proof  being  made,  with  authority  to  take 
and  remove  such  fugitives  from  service  or 
labor,  under  the  restrictions  herein  con- 
tained, to  the  state  or  territory  from  which 
such  persons  may  have  escaped  or  fled. 

And  be  it  further  enacted.  That  it  shall 
be  the  duty  of  all  marshals  and  deputy 
marshals  to  obey  and  execute  all  warrants 
and  precepts  issued  under  the  provisions  of 


FUGITIVE    SLAVE    BILL    OF    1850.  57 

this  act,  when  to  them  directed  ;  and  should 
any  marshal  or  deputy  marshal  refuse  to  re- 
ceive such  warrant,  or  other  process,  when 
tendered,  or  to  use  all  proper  means  dili- 
gently to  execute  the  same,  he  shall,  on  con- 
viction thereof,  be  fined  in  the  sum  of  one 
thousand  dollars,  to  the  use  of  such  claimant, 
on  the  motion  of  such  claimant,  by  the  Cir- 
cuit or  District  Court  for  the  district  of  such 
marshal;  and  after  arrest  of  such  fugitive, 
by  such  marshal  or  his  deputy,  or  whilst  at 
any  time  in  his  custody,  under  the  provi- 
sions of  this  act,  should  such  fugitive  escape, 
whether  with  or  without  the  assent  of  such 
marshal  or  his  deputy,  such  marshal  shall  be 
liable,  on  his  official  bond,  to  be  prosecuted 
for  the  benefit  of  such  claimant,  for  the  full 
value  of  the  service  or  labor  of  said  fugitive 
in  the  state,  territory,  or  district  whence 
he  escaped ;  and  the  better  to  enable  said 
commissioners,  when  thus  appointed,  to  ex- 
ecute their  duties  faithfully  and  efficiently, 
in  conformity  with  the  requirements  of  the 
constitution  of  the  United  States,  and  of 
this    act,    they  are    hereby   authorized   and 


bS         FUGITIVE    SLAVE    BILL    OF    1850. 

empowered,  witliln  tlieir  counties  respective- 
ly, to  appoint,  in  writing  under  their  hands, 
any  one  or  more  suitable  persons,  from  time  to 
time,  to  execute  all  such  warrants  and  other 
process  as  may  be  issued  by  them  in  the 
lawful  performance  of  their  respective  du- 
ties ;  with  authority  to  such  commissioners, 
or  the  persons  to  be  appointed  by  them,  to 
execute  process  as  aforesaid,  to  summon  and 
call  to  their  aid  the  bystanders,  ov posse  comi- 
tatus  of  the  proper  county,  when  necessary  to 
insure  a  faithful  observance  of  the  clause  of 
the  constitution  referred  to,  in  conformity 
with  the  provisions  of  this  act ;  and  all  good 
citizens  are  hereby  commanded  to  aid  and 
assist  in  the  prompt  and  efficient  execution 
of  this  law,  whenever  their  services  may  be 
required,  as  aforesaid,  for  that  purpose  ;  and. 
said  warrants  shall  run,  and  be  executed  by 
said  officers,  any  where  in  the  state  within 
which  they  are  issued. 

And  be  it  further  enacted.  That  when  a 
person  held  to  service  or  labor  in  any  state 
or  territory  of  the  United  States  has  here- 
tofore or  shall  hereafter  escape  into  another 


FUGITIVE    SLAVE    BILL    OF    1850.  59 

state  or  territory  of  the  United  States,  the 
person  or  persons  to  whom  such  service  or 
labor  may  be  due,  or  his,  her,  or  their  agent 
or  attorney,  duly  authorized  by  power  of  at- 
torney, in  writing  acknowledged  and  certified 
under  the  seal  of  some  legal  officer  or  court 
of  the  state  or  territory  in  which  the  same 
may  be  executed,  may  pursue  and  reclaim 
such  fugitive  person,  either  by  procuring  a 
warrant  from  some  one  of  the  courts, 
judges,  or  commissioners  aforesaid,  of  the 
proper  circuit,  district,  or  county,  for  the 
apprehension  of  such  fugitive  from  service 
or  labor,  or  by  seizing  and  arresting  such  fu- 
gitive where  the  same  can  be  done  without 
process,  and  by  taking,  or  causing  such  per- 
son to  be  taken  forthwith  before  such  court, 
judge,  or  commissioner,  whose  duty  it  shall 
be  to  hear  and  determine  the  case  of  such 
claimant  in  a  summary  manner  ;  and  upon 
satisfactory  proof  being  made,  by  deposition 
or  affidavit,  in  writing,  to  be  taken  and  cer- 
tified by  such  court,  judge,  or  commission- 
er, or  by  other  satisfactory  testimony,  duly 
taken   and  certified  by  some    court,  magis- 


60  FUGITIVE    SLAVE    BILL    OF    1850. 

trate,  justice  of  the  peace,  or  other  legal 
officer  authorized  to  administer  an  oath  and 
take  depositions  under  the  laws  of  the  state 
or  territory  from  which  such  person  owing 
service  or  labor  may  have  escaped,  with  a 
certificate  of  such  magistracy,  or  other  au- 
thority as  aforesaid,  with  the  seal  of  the 
proper  court  or  officer  thereto  attached, 
which  seal  shall  be  sufficient  to  establish  the 
competency  of  the  proof,  and  with  proof, 
also  by  affidavit,  of  the  identity  of  the  iper- 
son  whose  service  or  labor  is  claimed  to  be 
due  as  aforesaid,  that  the  person  so  arrested 
does  in  fact  owe  service  or  labor  to  the  per- 
son or  persons  claiming  him  or  her,  in  the 
state  or  territory  from  which  such  fugitive 
may  have  escaped  as  aforesaid,  and  that  said 
person  escaped,  to  make  out  and  deliver  to 
such  claimant,  his  or  her  agent  or  attorney, 
a  certificate  setting  forth  the  substantial  facts 
as  to  the  service  or  labor  due  from  such  fu- 
gitive to  the  claimant,  and  of  his  or  her 
escape  from  the  state  or  territory  in  which 
such  service  or  labor  was  due  to  the  state 
or  territory  in  which  he  or  she  was  arrested. 


FUGITIVE    SLAVE    BILL    OF    1850.  61 

with  authority  to  such  claimant,  or  his  or 
her  agent  or  attorney,  to  use  such  reasonable 
force  and  restraint  as  may  be  necessary,  un- 
der the  circumstances  of  the  case,  to  take 
and  remove  such  fugitive  person  back  to  the 
state  or  territory  whence  he  or  she  may 
have  escaped  as  aforesaid.  In  no  trial  or 
hearing  under  this  act  shall  the  testimony 
of  such  alleged  fugitive  be  admitted  in  ev- 
idence ;  and  the  certificates  in  this  and  the 
first  (fourth)  section  mentioned,  shall  be 
conclusive  of  the  right  of  the  person  or 
persons  in  whose  favor  granted,  to  remove 
such  fugitive  to  the  state  or  territory  from 
which  he  escaped,  and  shall  prevent  all  mo- 
lestation of  such  person  or  persons  by  any 
process  issued  by  any  court,  judge,  magis- 
trate, or  other  person  whomsoever. 

And  be  it  further  enacted,  That  any  per- 
son who  shall  knowingly  and  willingly  ob- 
struct, hinder,  or  prevent  such  claimant,  his 
agent  or  attorney,  or  any  person  or  persons 
lawfully  assisting  him,  her,  or  them,  from 
arresting  such  a  fugitive  from  service  or  la- 
bor, either  with  or  without  process  as  afore- 


62         FUGITIVE    SLAVE    BILL    OF    1850. 

said,  or  shall  rescue  or  attempt  to  rescue 
such  fusfitive  from  service  or  labor  from  the 

o 

custody  of  such  claimant,  his  or  her  agent 
or  attorney,  or  other  person  or  persons  law- 
fully assisting  as  aforesaid,  when  so  arrested 
pursuant  to  the  authority  herein  given  and 
declared,  or  shall  aid,  abet,  or  assist  such 
person  so  owing  service  or  labor  as  aforesaid, 
directly  or  indirectly,  to  escape  from  such 
claimant,  his  agent  or  attorney,  or  other  per- 
son or  persons  legally  authorized  as  afore- 
said, or  shall  harbor  or  conceal  such  fugi- 
tive, so  as  to  prevent  the  discovery  and  arrest 
of  such  person,  after  notice  or  knowledge 
of  the  fact  that  such  person  was  a  fugitive 
from  service  or  labor  as  aforesaid,  shall,  for 
either  of  said  offences,  be  subject  to  a  fine 
not  exceeding  one  thousand  dollars,  and  im- 
prisonment not  exceeding  six  months,  by  in- 
dictment and  conviction  before  the  District 
Court  of  the  United  States  for  the  district 
in  which  such  offence  may  have  been  com- 
mitted, or  before  the  proper  court  of  crim- 
inal jurisdiction,  if  committed  within  any 
one  of  the  organized  territories  of  the  United 


FUGITR^    SLAVE    BILL    OF    1850.  63 

States,  and  shall  moreover  forfeit  and  pay, 
by  way  of  civil  damages  to  the  party  injured 
by  such  illegal  conduct,  the  sum  of  one 
thousand  dollars  for  each  fugitive  so  lost- as 
aforesaid,  to  be  recovered  by  action  of  debt 
in  any  of  the  district  or  territorial  courts 
aforesaid,  within  whose  jurisdiction  the  said 
offence  may  have  been  committed. 

And  be  it  further  enacted.  That  the  mar- 
shals, their  deputies,  and  the  clerks  of  the 
said  district  and  territorial  courts,  shall  be 
paid  for  their  services  the  like  fees  as  may 
be  allowed  to  them  for  similar  services  in 
other  cases  ;  and  where  such  services  are 
rendered  exclusively  in  the  arrest,  custody, 
and  delivery  of  the  fugitive  to  the  claimant, 
his  or  her  agent  or  attorney,  or  where  such 
supposed  fugitive  may  be  discharged  out  of 
custody  for  the  want  of  sufficient  proof  as 
aforesaid,  then  such  fees  are  to  be  paid  in 
the  whole  by  such  claimant,  his  agent  or  at- 
torney ;  and  in  all  cases  where  the  proceed- 
ings are  before  a  commissioner,  he  shall  be 
entitled  to  a  fee  of  ten  dollars  in  full  for 
his  services  in  each  case,  upon  the  delivery 


64:  FUGITIVE    SLAVE    BILL    OF    1850. 

of  the  said  certificate  to  tlie  claimant,  his  or 
her  agent  or  attorney ;  or  a  fee  of  five  dol- 
lars in  cases  where  the  proof  shall  not,  in 
the  opinion  of  such  commissioner,  warrant 
such  certificate  and  delivery,  inclusive  of  all 
services  incident  to  such  arrest  and  exami- 
nation, to  be  paid  in  either  case  by  the 
claimant,  his  or  her  agent  or  attorney.  The 
person  or  persons  authorized  to  execute  the 
process  to  be  issued  by  such  commissioner 
for  the  arrest  and  detention  of  fugitives 
from  service  or  labor  as  aforesaid,  shall  also 
be  entitled  to  a  fee  of  five  dollars  each,  for 
each  person  he  or  they  may  arrest  and  take 
before  any  such  commissioner,  as  aforesaid, 
at  the  instance  and  request  of  such  claimant, 
with  such  other  fees  as  may  be  deemed  rea- 
sonable by  such  commissioners  for  such 
other  additional  services  as  may  be  necessa- 
rily performed  by  him  or  them ;  such  as  at- 
tending at  the  examination,  keeping  the  fu- 
gitive in  custody,  and  providing  him  Avith 
food  and  lodging  during  his  detention  and 
until  the  final  determination  of  such  com- 
missioner ;  and,  in  general,  for  performing 


FUGITIVE    SLAVE    BILL    OF    1850.  65 

such,  other  duties  as  may  be  required  by- 
such  claimant,  his  or  her  attorney  or  agent, 
or  commissioner  in  the  premises.  Such 
fees  to  be  made  up  in  conformity  with  the 
fees  usually  charged  by  the  officers  of  the 
courts  of  justice  within  the  proper  district 
or  county,  as  near  as  may  be  practicable,  and 
paid  by  such  claimants,  their  agents  or  at- 
torneys, whether  such  supposed  fugitives 
from  service  or  labor  be  ordered  to  be  de- 
livered to  such  claimants  by  the  final  deter- 
mination of  such  commissioner  or  not. 

And  be  it  further  enacted.  That,  upon  af- 
fidavit made  by  the  claimant  of  such  fugi- 
tive, his  agent  or  attorney,  after  such  cer- 
tificate has  been  issued  that  he  has  reason  to 
apprehend  that  such  fugitive  will  be  rescued 
by  force  from  his  or  her  possession  before 
he  can  be  taken  beyond  the  limits  of  the 
state  in  which  the  arrest  is  made,  it  shall  be 
the  duty  of  the  officer  making  the  arrest  to 
retain  such  fugitive  in  his  custody,  and  to 
remove  him  to  the  state  whence  he  fled,  and 
there  deliver  him  to  said  claimant,  his  agent 
or  attorney.  And  to  this  end,  the  officer 
_ 


6Q  FUGITIVE    SLAVE    BILL    OF    1850. 

aforesaid  is  hereby  authorized  and  required 
to  employ  so  many  persons  as  he  may  deem 
necessary  to  overcome  such  force,  and  to  re- 
tain them  in  his  service  so  long  as  circum- 
stances may  require.  The  said  officer  and 
his  assistants  while  so  employed  to  receive 
the  same  compensation,  and  to  be  allowed 
the  same  expenses,  as  are  now  allowed  by 
law  for  transportation  of  criminals,  to  be 
certified  by  the  judge  of  the  district  within 
which  the  arrest  is  made,  and  paid  out  of 
the  treasury  of  the  United  States. 

And  be  it  further  enacted,  That  when  any 
person  held  to  service  or  labor  in  any  state 
or  territory,  or  in  the  District  of  Columbia, 
shall  escape  therefrom,  the  party  to  whom 
such  service  or  labor  may  be  due,  his,  her, 
or  their  agent  or  attorney,  may  apply  to  any 
court  of  record  therein,  or  judge  thereof  in 
vacation,  and  make  satisilictory  proof  to  such 
court,  or  judge  in  vacation,  of  the  escape 
aforesaid,  and  that  the  person  escaping  owed 
service  or  labor  to  such  party.  Whereupon 
the  court  shall  cause  a  record  to  be  made  of 
the  matters  so  proved,  and  also  a  general  de- 


FUGITIVE    SLAVE    BILL    OF    1850.  67 

scription  of  the  person  so  escaping  with  such 
convenient  certainty  as  may  be  ;  and  a  tran- 
script of  such  record,  authenticated  by  the 
attestation  of  the  clerk  and  of  the  seal  of 
the  said  court,  being  produced  in  any  other 
state,  territory,  or  district  in  which  the  per- 
son so  escaping  may  be  founds  and  being  ex- 
hibitG^l  to  any  judge,  commissioner,  or  other 
officer  authorized  by  the  law  of  the  United 
States  to  cause  persons  escaping  from  service 
or  labor  to  be  delivered  up,  shall  be  held 
and  taken  to  be  full  and  conclusive  evidence 
of  the  fact  of  the  escape,  and  that  the  ser- 
vice or  labor  of  the  person  escaping  is  due 
to  the  party  in  such  record  mentioned.  And 
upon  the  production  by  the  said  party  of 
other  and  further  evidence  if  necessary, 
either  oral  or  by  affidavit,  in  addition  to 
what  is  contained  in  the  said  record  of  the 
identity  of  the  person  escaping,  he  or  she 
shall  be  delivered  up  to  the  claimant.  And 
the  said  court,  commissioner,  judge,  or  other 
person  authorized  by  this  act  to  grant  certif- 
icates to  claimants  of  fugitives,  shall,  upon 
the  production  of  the  record  and  other  evi- 


68  FUGITIVE    SLAVE    BILL    OF    1850. 

dences  aforesaid,  grant  to  sucli  claimant  a 
certificate  of  his  right  to  take  any  such  per- 
son identified  and  proved  to  be  owing  ser- 
vice or  labor  as  aforesaid,  which  shall  au- 
thorize such  claimant  to  seize  or  arrest  and 
transport  such  person  to  the  state  or  terri- 
tory from  which  he  escaped.  Provided,  That 
nothing  herein  contained  shall  be  construed 
as  requiring  the  production  of  a  transcript 
of  such  record  as  evidence  as  aforesaid. 
But  in  its  absence  the  claim  shall  be  heard 
and  determined  upon  other  satisfactory 
proofs,  competent  in  law. 


THE  MISSOURI  COMPROMISE. 

Adopted  March  6,  1820. 

An  Act  to  authorize  the  People  of  the 
Missouri  Territory  to  form  a  Constitution 
and  State  Government,  and  for  the  Ad- 
mission of  such  State  into  the  Union  on 
an  equal  Footing  with  the  original  States, 
and  to  prohibit  Slavery  in  certain  Territo- 
ries. 

(All  the  previous  sections  of  this  act  relate  entirely  to 
the  formation  of  the  Missouri  Territory  in  the  usual  form 
of  territorial  bills,  the  8th  section  only  relating  to  the  sla- 
very question.) 

And  be  it  further  enacted,  That  in  all  that 
territory  ceded  by  France  to  the  United 
States,  under  the  name  of  Louisiana,  which 
lies  north  of  thirty-six  degrees  and  thirty 
minutes  north  latitude,  not  included  within 
the  limits  of  the  state  contemplated  by  their 
act,  slavery  and  involuntary  servitude,  other- 
wise than  in  the  punishment  of  crimes, 
whereof  the  parties  shall  have  been  duly 
convicted,  shall  be,  and  is  hereby,  forever 
prohibited.  Provided  always.  That  any  per- 
son escaping  into  the  same,  from  whom  labor 


70  THE    MISSOURI    COMPROMISE. 

or  service  is  lawfully  claimed,  in  any  state 
or  territory  of  the  United  States,  such  fugi- 
tive may  be  lawfully  reclaimed  and  conveyed 
to  the  person  claiming  his  or  her  labor  or 
service  as  aforesaid. 


A    BILL 

TO  ORGANIZE  THE  TERRITORIES  OF  NEBRASKA 
AND  KANSAS. 

Passed  the  House  of  Representatives, 
May  22,  1854. 

Strike  out  all  after  the  enacting  clause,  and  in- 
sert, — 

That  all  that  part  of  the  territory  of  the  United 
States  included  within  the  following  limits,  except 
such  portions  thereof  as  are  hereinafter  expressly 
exempted  from  the  operations  of  this  act,  to  wit, 
beginning  at  a  point  in  the  Missouri  River  where 
the  fortieth  parallel  of  north  latitude  crosses  the 
same  ;  thence  west  on  said  parallel  to  the  east 
boundary  of  the  Territory  of  Utah  on  the  summit 
of  the  Rocky  Mountains ;  thence  on  said  summit 
northward  to  the  forty-ninth  parallel  of  north  lati- 
tude; thence  east  on  said  parallel  to  the  western 
boundary  of  the  Territory  of  Minnesota;  thence 
southward  on  said  boundary  to  the  Missouri  River; 
thence  down  the  main  channel  of  said  river  to  the 
place  of  beginning,  be,  and  the  same  is  hereby, 
created  into  a  temporary  government  by  the  name 
of  the  Territory  of  Nebraska ;  and  when  admitted 
as  a  state  or  states,  the  said  territory,  or  any  portion 
of  the  same,  shall  be  received  into  the  Union  with 
or  without  slavery,  as  their  constitution   may  pre- 

(71) 


72  NEBRASKA    AND    KANSAS. 

scribe  at  the  time  of  their  admission.  Provided, 
That  nothing  in  this  act  contained  shall  be  con- 
strued to  inhibit  the  government  of  the  United 
States  from  dividing  said  territory  into  two  or  more 
territories,  in  such  manner  and  at  such  times  as 
Congress  shall  deem  convenient  and  proper,  or 
from  attaching  any  portion  of  said  territory  to  any 
other  state  or  territory  of  the  United  States.  Pro- 
vided further,  That  nothing  in  this  act  contained 
shall  be  construed  to  impair  the  rights  of  person  or 
property  now  pertaining  to  the  Indians  in  said  ter- 
ritory, so  long  as  such  rights  shall  remain  unex- 
tinguished by  treaty  between  the  United  States  and 
such  Indians,  or  to  include  any  territory  which,  by 
treaty  with  any  Indian  tribe,  is  not,  without  the  con- 
sent of  said  tribe,  to  be  included  within  the  terri- 
torial limits  or  jurisdiction  of  any  state  or  territory  j 
but  all  such  territory  shall  be  excepted  out  of  the 
boundaries,  and  constitute  no  part  of  the  Territory 
of  Nebraska,  until  said  tribe  shall  signify  their  as- 
sent to  the  President  of  the  United  States  to  be  in- 
cluded within  the  said  Territory  of  Nebraska,  or  to 
affect  the  authority  of  the  government  of  the  Unit- 
ed States  to  make  any  regulations  respecting  such 
Indians,  their  lands,  property,  or  other  rights,  by 
treaty,  law,  or  otherwise,  which  it  would  have  been 
competent  to  the  government  to  make  if  this  act 
had  never  passed. 

Sec.  2.  And  be  it  further  enacted,  That  the  ex- 
ecutive power  and  authority  in  and  over  said  Terri- 
tory of  Nebraska  shall  be  vested  in  a  governor,  who 


NEBRASKA    AND    KANSAS.  73 

shall  hold  his  office  for  four  years,  and  until  his 
successor  shall  be  appointed  and  qualified,  unless 
sooner  removed  by  the  President  of  the  United 
States.  The  governor  shall  reside  within  said  ter- 
ritory, and  shall  be  commander-in-chief  of  the  mi- 
litia thereof.  He  may  grant  pardons  and  respites  for 
offences  against  the  laws  of  said  territory,  and  re- 
prieves for  offences  against  the  laws  of  the  United 
States,  until  the  decision  of  the  President  can  be 
made  known  thereon ;  he  shall  commission  all  of- 
ficers v/ho  shall  be  appointed  to  office  under  the 
laws  of  the  said  territory,  and  shall  take  care  that 
the  laws  be  faithfully  executed. 

Sec.  3.  And  be  it  further  enacted,  That  there 
shall  be  a  secretary  of  said  territory,  who  shall  re- 
side therein,  and  hold  his  office  for  five  years,  un- 
less sooner  removed  by  the  President  of  the  United 
States ;  he  shall  record  and  preserve  all  the  laws 
and  proceedings  of  the  legislative  assembly  here- 
inafter constituted,  and  all  the  acts  and  proceedings 
of  the  governor  in  his  executive  department ;  he 
shall  transmit  one  copy  of  the  laws  and  journals  of 
the  legislative  assembly  within  thirty  days  after  the 
end  of  each  session,  and  one  copy  of  the  executive 
proceedings  and  official  correspondence  semi-an- 
nually on  the  first  days  of  January  and  July  in  each 
year,  to  the  President  of  the  United  States,  and  two 
copies  of  the  laws  to  the  President  of  the  Senate 
and  to  the  Speaker  of  the  House  of  Representa- 
tives, to  be  deposited  in  the  libraries  of  Congress ; 
and,  in  case  of  the  death,  removal,  resignation,  or 


74  NEBRASKA    AND    KANSAS. 

absence  of  the  governor  from  the  territory^  the  sec- 
retary shall  be,  and  he  is  hereby,  authorized  and 
required  to  execute  and  perform  all  the  powers  and 
duties  of  the  governor  during  such  vacancy  or  ab- 
sence, or  until  another  governor  shall  be -duly  ap- 
pointed and  qualified  to  fill  such  vacancy. 

Sec.  4.  And  be  it  further  enacted.  That  the  le- 
gislative power  and  authority  of  said  territory  shall 
be  vested  in  the  governor  and  a  legislative  assem- 
bly. The  legislative  assembly  shall  consist  of  a 
Council  and  House  of  Representatives.  The  Council 
shall  consist  of  thirteen  members,  having  the  qual- 
ifications of  voters,  as  hereinafter  prescribed,  whose 
term  of  service  shall  continue  two  years.  The 
House  of  Representatives  shall,  at  its  first  session, 
consist  of  twenty-six  members,  possessing  the 
same  qualifications  as  prescribed  for  members  of 
the  Council,  and  whose  term  of  service  shall  con- 
tinue one  year.  The  number  of  representatives 
maybe  increased  by  the  legislative  assembly,  from 
time  to  time,  in  proportion  to  the  increase  of  qual- 
ified voters  :  Provided,  That  the  whole  number 
shall  never  exceed  thirty-nine  ]  an  apportionment 
shall  be  made  as  nearly  equal  as  practicable, 
among  the  several  counties  or  districts,  for  the  elec- 
tion of  the  Council  and  Representatives,  giving  to 
each  section  of  the  territory  representation  in  the  ratio 
of  its  qualified  voters  as  nearly  as  may  be.  And 
the  members  of  the  Council  and  of  the  Hous&of 
Representatives  shall  reside  in,  and  be  inhabitants 
of,  the  district  or  county,  or  counties,  for  wdiich  they 


NEBRASKA   AND    KANSAS.  iO 

may  be  elected,  respectively.  Previous  to  the  first 
election,  the  governor  shall  cause  a  census,  or  enu- 
meration of  the  inhabitants  and,  qualified  voters 
of  the  several  counties  and  districts  of  the  territo- 
ry, to  be  taken  by  such  persons  and  in  such  mode 
as  the  governor  shall  designate  and  appoint ;  and 
the  persons  so  appointed  shall  receive  a  reasonable 
compensation  therefor.  And  the  first  election  shall 
be  held  at  such  time  and  places,  and  be  conducted 
in  such  manner,  both  as  ta  the  persons  who  shall 
superintend  such  election  and  the  returns  thereof, 
as  the  governor  shall  appoint  and  direct;  and  he 
shall  at  the  same  time  declare  the  number  of  mem- 
bers of  the  Council  and  House  of  Representatives  to 
which  each  of  the  counties  or  districts  shall  be  en- 
titled under  this  act.  The  persons  having  the 
highest  number  of  legal  votes  in  each  of  said 
council  districts  for  members  of  the  Council  shall 
be  declared  by  the  governor  to  be  duly  elected  to 
the  Council;  and  the  persons  having  the  highest 
number  of  legal  votes  for  the  House  of  Represen- 
tatives shall  be  declared  by  the  governor  to  be  duly 
elected  members  of  said  house  :  Provided,  That 
in  case  two  or  more  persons  voted  for  shall  have  an 
equal  number  of  votes,  and  in  case  a  vacancy  shall 
otherwise  occur  in  either  branch  of  the  legislative 
assembly,  the  governor  shall  order  a  new  election  ; 
and  the  persons  thus  elected  to  the  legislative  as- 
sembly shall  meet  at  such  place  and  on  such  day 
as  the  governor  shall  appoint ;  but  thereafter,  the 
time,  place,  and  manner  of  holding  and  conducting 


7b  NEBRASKA    AND    KANSAS. 

all  elections  by  the  people,  and  the  apportioning 
the  representation  in  the  several  counties  or  dis- 
tricts to  the  Council  and  House  of  Representatives, 
according  to  the  number  of  qualified  voters,  shall 
be  prescribed  by  law,  as  well  as  the  day  of  the 
commencement  of  the  regular  sessions  of  the  legis- 
lative assembly :  Provided,  That  no  session  in  any 
one  year  shall  exceed  the  term  of  forty  days,  ex- 
cept the  first  session,  which  may  continue  sixty 
days. 

Sec.  5.  And  be  it  further  enacted,  That  every 
free  white  male  inhabitant  above  the  age  of  twenty- 
one  years  who  shall  be  an  actual  resident  of  said  ter- 
ritory, and  shall  possess  the  qualifications  herein- 
after prescribed,  shall  be  entitled  to  vote  at  the  first 
election,  and  shall  be  eligible  to  any  office  within 
the  said  territory;  but  the  qualifications  of  voters, 
and  of  holding  office,  at  all  subsequent  elections, 
shall  be  such  as  shall  be  prescribed  by  the  legisla- 
tive assembly :  Provided,  That  the  right  of  suffi-age 
and  of  holding  office  shall  be  exercised  only  by 
citizens  of  United  States  and  those  who  shall  have 
declared  on  oath  their  intention  to  become  such, 
and  shall  have  taken  an  oath  to  support  the  consti- 
tution of  the  United  States  and  the  provisions  of 
this  act :  And  provided  further,  That  no  officer,  sol- 
dier, seaman,  or  marine,  or  other  person  in  the  army 
or  navy  of  the  United  States,  or  attached  to  troops 
in  the  service  of  the  United  States,  shall  be  allowed 
to  vote  or  hold  office  in  said  territory,  by  reason  of 
being  on  service  therein. 


NEBRASKA    AND    KANSAS.  77 

Sec.  6.  And  be  it  further  enacted,  That  the  le- 
gislative power  of  the  territory  shall  extend  to  all 
rightful  subjects  of  legislation  consistent  with  the 
constitution  of  the  United  States  and  the  provisions 
of  this  act ;  but  no  law  shall  be  passed  interfering 
with  the  primary  disposal  of  the  soil ;  no  tax  shall 
be  imposed  upon  the  property  of  the  United  States ; 
nor  shall  the  lands  or  other  property  of  non-res- 
idents be  taxed  higher  than  the  lands  or  other  prop- 
erty of  residents.  Every  bill  which  shall  have 
passed  the  Council  and  House  of  Representatives 
of  the  said  territory  shall,  before  it  become  a  law, 
be  presented  to  the  governor  of  the  territory ;  if  he 
approve,  he  shall  sign  it;  but  if  not,  he  shall  re- 
turn it  with  his  objections  to  the  house  in  which  it 
originated,  who  shall  enter  the  objections  at  large 
on  their  journal,  and  proceed  to  reconsider  it.  If, 
after  such  reconsideration,  two  thirds  of  that  house 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  together 
with  the  objections,  to  the  other  house,  by  which 
it  shall  likewise  be  reconsidered,  and  if  approved 
by  two  thirds  of  that  house,  it  shall  become  a  law. 
But  in  all  such  cases  the  votes  of  both  houses  shall 
be  determined  by  yeas  and  nays,  to  be  entered  on 
the  journal  of  each  house  respectively.  If  any  bill 
shall  not  be  returned  by  the  governor  within  three 
days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a  law  in  like 
manner  as  if  he  had  signed  it,  unless  the  assembly, 
by  adjournment,  prevent  its  return,  in  which  case  it 
shall  not  be  a  law. 


78  NEBRASKA    AND    KANSAS. 

Sec.  7.  And  be  it  further  enacted,  That  all  town- 
ship, district,  and  county  officers,  not  herein  other- 
wise provided  for,  shall  be  appointed  or  elected,  as 
the  case  may  be,  in  such  manner  as  shall  be  pro- 
vided by  the  governor  and  legislative  assembly  of 
the  Territory  of  Nebraska.  The  governor  shall 
nominate,  and,  by  and  with  the  advice  and  consent 
of  the  legislative  council,  appoint  all  officers  not 
herein  otherwise  provided  for  ;  and  in  the  first  in- 
stance the  governor  alone  may  appoint  all  said  of- 
ficers, who  shall  hold  their  offices  until  the  end  of 
the  first  session  of  the  legislative  assembly ;  and 
shall  lay  off  the  necessary  districts  for  members 
of  the  Council  and  House  of  Representatives,  and 
all  other  officers. 

Sec  8.  And  be  it  further  enacted,  That  no 
member  of  the  legislative  assembly  shall  hold,  or 
be  appointed  to.  any  office  which  shall  have  been 
created  or  the  salary  or  emoluments  of  which  shall 
have  been  increased,  while  he  was  a  member,  dur- 
ing the  term  for  which  he  was  elected,  and  for  one 
year  after  the  expiration  of  such  term  ;  but  this  re- 
striction shall  not  be  applicable  to  members  of  the 
first  legislative  assembly  ;  and  no  person  holding  a 
commission  or  appointment  under  the  United  States, 
except  postmasters,  shall  be  a  member  of  the  legis- 
lative assembly,  or  shall  hold  any  office  under  the 
government  of  said  territory. 

Sec.  9.  And  be  it  further  enacted.  That  the  ju- 
dicial power  of  said  territory  shall  be  vested  in  a 
Supreme    Court,    District   Courts,    Probate    Courts, 


NEBRASKA    AND    KANSAS.  79 

and  in  justices  of  the  peace.  The  Supreme  Court 
shall  consist  of  a  chief  justice  and  two  associate 
justices,  any  two  of  whom  shall  constitute  a  quo- 
rum, and  who  shall  hold  a  term  at  the  seat  of  gov- 
ernment of  said  territory  annually,  and  they  shall 
hold  their  offices  during  the  period  of  four  years, 
and  until  their  successors  shall  be  appointed  and 
qualified.  The  said  territory  shall  be  divided  into 
three  judicial  districts,  and  a  District  Court  shall  be 
held  in  each  of  said  districts  by  one  of  the  justices 
of  the  Supreme  Court,  at  such  times  and  places  as 
may  be  prescribed  by  law  ;  and  the  said  judges 
shall,  after  their  appointments,  respectively,  reside 
in  the  district  which  shall  be  assigned  them.  The 
jurisdiction  of  the  several  courts  herein  provided 
for,  both  appellate  and  original,  and  that  of  the 
Probate  Courts  and  of  justices  of  the  peace,  shall 
be  as  limited  by  law.  Provided,  That  justices  of 
the  peace  shall  not  have  jurisdiction  of  any  mat- 
ter in  controversy  when  the  title  or  boundaries  of 
land  may  be  in  dispute,  or  where  the  debt  or  sum 
claimed  shall  exceed  one  hundred  dollars;  and  the 
said  Supreme  and  District  Courts,  respectivel}^shall 
possess  chancery  as  well  as  common  law  jurisdic- 
tion. Each  District  Court,  or  the  judge  thereof, 
shall  appoint  its  clerk,  who  shall  also  be  the  regis- 
ter in  chancery,  and  shall  keep  his  office  at  the 
place  where  the  court  may  be  held.  Writs  of  er- 
ror, bills  of  exception,  and  appeals,  shall  be  al- 
lowed in  all  cases  from  the  final  decision  of  said 
District  Courts  to  the   Supreme  Court,  under  such 


80  NEBRASKA    AND    KANSAS. 

regulations  as  may  be  prescribed  by  law;  but  in 
no  case  removed  to  the  Supreme  Court  shall  trial 
by  jury  be  allowed  in  said  court.  The  Supreme 
Court,  or  the  justices  thereof,  shall  appoint  its  own 
clerk,  and  every  clerk  shall  hold  his  office  at  the 
pleasure  of  the  court  for  which  he  shall  have  been 
appointed.  Writs  of  error,  and  appeals  from  the 
final  decision  of  said  Supreme  Court,  shall  be  al- 
lowed, and  may  be  taken  to  the  Supreme  Court  of 
the  United  States,  in  the  same  manner  and  under 
the  same  regulations  as  from  the  Circuit  Courts  of 
the  United  States,  where  the  value  of  the  property, 
or  the  amount  in  controversy,  to  be  ascertained  by 
the  oath  or  affirmation  of  either  party,  or  other  com- 
petent witnes.s,  shall  exceed  one  thousand  dollars  : 
except  only  that  in  all  cases  involving  title  to 
slaves,  the  said  writs  of  error  or  appeals  shall  be 
allowed  and  decided  by  the  said  Supreme  Court, 
without  regard  to  the  value  of  the  matter,  property, 
or  title  in  controversy ,"  and  except  also  that  a  writ 
of  error  or  appeal  shall  also  be  allowed  to  the  Su- 
preme Court  of  the  United  States,  from  the  decis- 
ion •!  the  said  Supreme  Court  created  by  this  act, 
or  of  any  judge  thereof,  or  of  the  District  Courts 
created  by  this  act,  or  of  any  judge  thereof,  upon 
any  writ  of  habeas  corpus,  involving  the  question 
of  personal  freedom.  Provided,  That  nothing  here- 
in contained  shall  be  construed  to  apply  to  or  affect 
the  provisions  of  the  "act respecting  fugitives  from 
justice,  and  persons  escaping  from  the  service  of 
their  masters,"  approved  February  twelfth,  seven- 


NEBRASKA    AND    KANSAS.  81 

teen  hundred  and  ninety-three,  and  the  ''  act  to 
amend  and  supplementary  to  the  aforesaid  act," 
approved  September  eighteen,  eighteen  hundred 
and  fifty  ;  and  each  of  the  said  District  Courts  shall 
have  and  exercise  the  same  jurisdiction  in  all  cases 
arising  under  the  constitution  and  laws  of  the  Unit- 
ed States  as  is  vested  in  the  Circuit  and  District 
Courts  of  the  United  States ;  and  the  said  Supreme 
and  District  Courts  of  the  said  territory,  and  the  re- 
spective judges  thereof,  shall  and  may  grant  writs 
of  habeas  corpus  in  all  cases  in  which  the  same 
are  granted  by  the  judges  of  the  United  States  in 
the  District  of  Columbia;  and  the  first  six  days  of 
every  term  of  said  courts,  or  so  much  thereof  as 
shall  be  necessary,  shall  be  appropriated  to  the  trial 
of  causes  arising  under  the  said  constitution  and 
laws,  and  writs  of  error  and  appeal  in  all  such 
cases  shall  be  made  to  the  Supreme  Court  of  said 
territory,  the  same  as  in  other  cases.  The  said 
clerk  shall  receive  in  all  such  cases  the  same  fees 
which  the  clerks  of  the  District  Courts  of  Utah  Ter- 
ritory now  receive  for  similar  services. 

Sec.  10.  And  be  it  further  enacted.  That  the 
provisions  of  an  act  entitled  '^  An  act  respecting  fu- 
gitives from  justice,  and  persons  escaping  from  the 
service  of  their  masters,"  approved  February  twelve, 
seventeen  hundred  and  ninety-three,  and  the  pro- 
visions of  the  act  entitled  '•  An  act  to  amend,  and 
supplementary  to,  the  aforesaid  act,"  approved  Sep- 
tember eighteen,  eighteen  hundred  and  fifty,  be, 
and  the  same  are  hereby,  declared  to  extend  to  and 


0':4  NEBRASKA    AND    KANSAS. 

be  in  full  force  within  the  limits  of  said  Territory 
of  Nebraska. 

Sec.  11.  And  be  it  further  enacted,  That  there 
shall  be  appointed  an  attorney  for  said  territory, 
who  shall  continue  in  office  for  four  years,  and  un- 
til his  successor  shall  be  appointed  and  qualified, 
unless  sooner  removed  by  the  President,  and  who 
shall  receive  the  same  fees  and  salary  as  the  attor- 
ney of  the  United  States  for  the  present  Territory 
of  Utah.  There  shall  also  be  a  marshal  for  the  ter- 
ritoiy  appointed,  who  shall  hold  his  office  for  four 
years,  and  until  his  successor  shall  be  appointed 
and  qualified,  unless  sooner  removed  by  the  Presi- 
dent, and  who  shall  execute  all  processes  issuing 
from  the  said  courts  when  exercising  their  jurisdic- 
tion as  Circuit  and  District  Courts  of  the  United 
States ;  he  shall  perform  the  duties,  be  subject  to 
the  same  regulations  and  penalties,  and  be  entitled 
to  the  same  fees,  as  the  marshal  of  the  District  Court 
of  the  United  States  for  the  present  Territory  of 
Utah,  and  shall,  in  addition,  be  paid  two  hundred 
dollars  annually  as  a  compensation  for  extra  ser- 
vices. 

Sec  12.  And  be  it  further  enacted,  That  the 
governor,  secretary,  chief  justice,  and  associate  jus- 
tices, attorney,  and  marshal  shall  be  nominated, 
and,  by  and  with  the  advice  and  consent  of  the 
Senate,  appointed  by  the  President  of  the  United 
States.  The  governor  and  secretary,  to  be  appointed 
as  aforesaid,  shall,  before  they  act  as  such,  respec- 
tively take  an  oath  or  affirmation  before  the  district 


NEBRASKA    AND    KANSAS.  83 

judge  or  some  justice  of  the  peace  in  the  limits  of 
said  territory,  duly  authorized  to  administer  oaths 
and  affirmations  by  the  laws  now  in  force  therein, 
or  before  the  chief  justice  or  some  associate  justice 
of  the  Supreme  Court  of  the  United  States,  to  sup- 
port the  constitution  of  the  United  States,  and 
faithfully  to  discharge  the  duties  of  their  respective 
offices,  which  said  oaths,  when  so  taken,  shall  be 
certified  by  the  person  by  whom  the  same  shall 
have  been  taken ;  and  such  certificates  shall  be 
received  and  recorded  by  the  said  secretary  among 
the  executive  proceedings;  and  the  chief  justice 
and  associate  justices,  and  all  other  civil  officers  in 
said  territory,  before  they  act  as  such,  shall  take  a 
like  oath  or  affirmation  oefore  the  said  governor  or 
secretary,  or  some  judge  or  justice  of  the  peace  of 
the  territory  who  may  be  duly  commissioned  and 
qualified,  which  said  oath  or  affirmation  shall  be 
certified  and  transmitted  by  the  person  taking  the 
same  to  the  secretary,  to  be  by  him  recorded  as 
aforesaid  ;  and,  afterwards,  the  like  oath  or  affirma- 
tion shall  be  taken,  certified,  and  recorded,  in  such 
manner  and  form  as  may  be  prescribed  by  law. 
The  governor  shall  receive  an  annual  salary  of 
two  thousand  five  hundred  dollars.  The  chief  jus- 
tice and  associate  justices  shall  each  receive  an  an- 
nual salary  of  two  thousand  dollars.  The  secretary 
shall  receive  an  annual  salary  of  two  thousand  dol- 
lars. The  said  salaries  shall  be  paid  quarter-yearly, 
from  the  dates  of  the  respective  appointments,  at  the 
treasury  of  the  United  States  ;  but  no  such  payment 


84  NEBRASKA    AND    KANSAS. 

shall  be  made  until  said  officers  shall  have  entered 
upon  the  duties  of  their  respective  appointments. 
The  members  of  the  legislative  assembly  shall  be 
entitled  to  receive  three  dollars  each  per  day  during 
their  attendance  at  the  sessions  thereof,  and  three 
dollars  each  for  every  twenty  miles'  travel  in  going 
to  and  returning  from  the  said  sessions,  estimated 
according  to  the  nearest  usually  travelled  route; 
and  an  additional  allowance  of  three  dollars  shall 
be  paid  to  the  presiding  officer  of  each  house  for 
each  day  he  shall  so  preside.  And  a  chief  clerk, 
one  assistant  clerk,  a  sergeant  at  arms,  and  door- 
keeper may  be  chosen  for  each  house ;  and  the 
chief  clerk  shall  receive  four  dollars  per  day,  and 
the  said  other  officers  three  dollars  per  day,  during 
the  session  of  the  legislative  assembly ;  but  no 
other  officers  shall  be  paid  by  the  United  States. 
Provided,  That  there  shall  be  but  one  session  of  the 
legislature  annually,  unless,  on  an  extraordinary 
occasion,  the  governor  shall  think  proper  to  call  the 
legislature  together.  There  shall  be  appropriated, 
annually,  the  usual  sum,  to  be  expended  by  the 
governor,  to  defray  the  contingent  expenses  of  the 
territory,  including  the  salary  of  a  clerk  of  the  ex- 
ecutive department ;  and  there  shall  also  be  appro- 
priated, annually,  a  sufficient  sum,  to  be  expended 
by  the  secretary  of  the  territory,  and  upon  an  esti- 
mate to  be  made  by  the  secretary  of  the  treasury 
of  the  United  States,  to  defray  the  expenses  of  the 
legislative  assembly,  the  printing  of  the  laws,  and 
other  incidental  expenses ;   and  the  governor  and 


NEBRASKA    AND    KANSAS.  85 

secretary  of  the  territory  shall,  in  the  disbursement 
of  all  moneys  intrusted  to  them,  be  governed  solely 
by  the  instructions  of  the  secretary  of  the  treasury 
of  the  United  States,  and  shall,  semi-annually,  ac- 
count to  the  said  secretary  for  the  manner  in  which 
the  aforesaid  moneys  shall  have  been  expended ; 
and  no  expenditure  shall  be  made  by  said  legisla- 
tive assembly  for  objects  not  specially  authorized 
by  the  acts  of  Congress  making  the  appropriations, 
nor  beyond  the  sums  thus  appropriated  for  such 
objects. 

Sec  13.  And  be  it  further  enacted,  That  the  le- 
gislative assembly  of  the  Territory  of  Nebraska 
shall  hold  its  first  session  at  such  time  and  place  in 
said  territory  as  the  governor  thereof  shall  appoint 
and  direct;  and  at  said  first  session,  or  as  soon 
thereafter  as  they  shall  deem  expedient,  the  gov- 
ernor and  legislative  assembly  shall  proceed  to 
locate  and  establish  the  seat  of  government  for  said 
territory  at  such  place  as  they  may  deem  eligible ; 
which  place,  however,  shall  thereafter  be  subject  to 
be  changed  by  the  said  governor  and  legislative 
assembly. 

Sec.  14.  And  be  it  further  enacted,  That  a  del- 
egate to  the  House  of  Representatives  of  the  Unit- 
ed States,  to  serve  for  the  term  of  two  years,  who 
shall  be  a  citizen  of  the  United  States,  may  be 
elected  by  the  voters  qualified  to  elect  members  of 
the  legislative  assembly,  who  shall  be  entitled  to 
the  same  rights  and  privileges  as  are  exercised  and 
enjoyed  by  the   delegates   from  the  several  other 


86  NEBRASKA    AND    KANSAS. 

territories  of  the  United  States  to  the  said  House 
of  Representatives  5  but  the  delegate  first  elected 
shall  hold  his  seat  only  during  the  term  of  the 
Congress  to  which  he  shall  be  elected.  The  first 
election  shall  be  held  at  such  time  and  places,  and 
be  conducted  in  such  manner,  as  the  governor  shall 
appoint  and  direct ;  and  at  all  subsequent  elections, 
the  times,  places,  and  manner  of  holding  the  elec- 
tions shall  be  prescribed  by  law.  The  person  hav- 
ing the  greatest  number  of  votes  shall  be  declared 
by  the  governor  to  be  duly  elected,  and  a  certificate 
thereof  shall  be  given  accordingly.  That  the  con- 
stitution, and  all  the  laws  of  the  United  States 
which  are  not  locally  inapplicable,  shall  have  the 
same  force  and  effect  within  the  said  Territory  of 
Nebraska  as  elsewhere  within  the  United  States, 
except  the  eighth  section  of  the  act  preparatory  to 
the  admission  of  Missouri  into  the  Union,  approved 
March  sixth,  eighteen  hundred  and  twenty,  which, 
being  inconsistent  with  the  principle  of  non-inter- 
vention by  Congress  with  slavery  in  the  states  and 
territories,  as  recognized  by  the  legislation  of  eigh- 
teen hundred  and  fifty,  commonly  called  the  com- 
promise measures,  is  hereby  declared  inoperative 
and  void  ;  it  being  the  true  intent  and  meaning  of 
this  act  not  to  legislate  slavery  into  any  territory  or 
state,  nor  to  exclude  it  therefrom, -but  to  leave  the 
people  thereof  perfectly  free  to  lorm  and  regulate 
their  domestic  institutions  in  their  own  way,  subject 
only  to  the  constitution  of  the  United  States.  Pro- 
vided, That  nothing  herein  contained  shall  be  con- 


NEBRASKA    AND    KANSAS.  87 

strued  to  revive  or  put  in  force  any  law  or  regulation 
which  may  have  existed  prior  to  the  act  of  sixth 
March,  eighteen  hundred  and  twenty,  either  pro- 
tecting, establishing,  prohibiting,  or  abolishing 
slavery. 

Sec.  15.  And  be  it  further  enacted.  That  there 
shall  hereafter  be  appropriated,  as  has  been  custom- 
ary for  the  territorial  governments,  a  sufficient 
amount,  to  be  expended  under  the  direction  of  the 
said  governor  of  the  Territory  of  Nebraska,  not  ex- 
ceeding the  sums  heretofore  appropriated  for  similar 
objects,  for  the  erection  of  suitable  public  buildings 
at  the  seat  of  government,  and  for  the  purchase  of  a 
library,  to  be  kept  at  the  seat  of  government  for  the 
use  of  the  governor,  legislative  assembly,  judges  of 
the  Supreme  Court,  secretary,  marshal,  and  attorney 
of  said  territory,  and  such  other  persons,  and  under 
such  regulations,  as  shall  be  prescribed  by  law. 

Sec.  16.  And  be  it  further  enacted.  That  when 
the  lands  in  the  said  territory  shall  be  surveyed 
uuder  the  direction  of  the  government  of  the  Unit- 
ed States,  preparatory  to  bringing  the  same  into  mar- 
ket, sections  numbered  sixteen  and  thirty-six,  in  each 
township  in  said  territory,  shall  be,  and  the  same 
are  hereby,  reserved  for  the  purpose  of  being  ap- 
plied to  schools  in  said  territory,  and  in  the  states 
and  territories  hereafter  to  be  erected  out  of  the 
same. 

Sec.  17.  And  be  it  further  enacted,  That,  until 
otherwise  provided  by  law,  the  governor  of  said 
territory  may  define  the  judicial  districts  of   said 


88  NEBRASKA    AND    KANSAS. 

territory,  and  assign  the  judges  who  may  be  ap- 
pointed for  said  territory  to  the  several  districts; 
and  also  appoint  the  times  and  places  for  holding 
courts  in  the  several  counties  or  subdivisions  in 
each  of  said  judicial  districts  by  proclamation,  to  be 
issued  by  him ;  but  the  legislative  assembly,  at 
their  first  or  any  subsequent  session,  may  organize, 
alter,  or  modify  such  judicial  districts,  and  assign 
the  judges,  and  alter  the  times  and  places  of  hold- 
ing the  courts,  as  to  them  shall  seem  proper  and 
convenient. 

Sec,  18.  And  be  it  further  enacted,  That  all  of- 
ficers to  be  appointed  by  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate,  for  the  Ter- 
ritory of  Nebraska,  who,  by  virtue  of  the  provisions 
of  any  law  now  existing,  or  which  may  be  enacted 
during  the  present  Congress,  are  required  to  give 
security  for  moneys  that  may  be  intrusted  with 
them  for  disbursements,  shall  give  such  security, 
at  such  time  and  place,  and  in  such  manner,  as  the 
secretary  of  the  treasury  may  prescribe. 

Sec  19.  And  be  it  further  enacted,  That  all  that 
part  of  the  territory  of  the  United  States  included 
within  the  following  limits,  except  such  portions 
thereof  as  are  hereinafter  expressly  exempted  from 
the  operations  of  this  act,  to  wit,  beginning  at  a  point 
on  the  western  boundary  of  the  State  of  Missouri, 
where  the  thirty-seventh  parallel  of  north  latitude 
crosses  the  same ;  thence  west  on  said  parallel  to 
the  eastern  boundary  of  New  Mexico  ;  thence  north 
on  said  boundary  to  latitude  thirty-eight ;    thence 


NEBRASKA    AND    KANSAS.  89 

following  said  boundary  westward  to  the  east  boun- 
dary of  the  Territory  of  Utah,  on  the  summit  of 
the  Rocky  Mountains;  thence  northward  on  said 
summit  to  the  fortieth  parallel  of  latitude ;  thence 
east  on  said  parallel  to  the  western  boundary  of  the 
State  of  Missouri ;  thence  south  with  the  western 
boundary  of  said  state  to  the  place  of  beginning, — 
be,  and  the  same  is  hereby,  created  into  a  tempora- 
ry government,  by  the  name  of  the  Territory  of 
Kansas  ;  and  when  admitted  as  a  state  or  states,  the 
said  territory,  or  any  portion  of  the  same,  shall  be 
received  into  the  Union  with  or  without  slavery,  as 
their  constitution  may  prescribe  at  the  time  of  their 
admission.  Provided,  That  nothing  in  this  act  con- 
tained shall  be  construed  to  inhibit  the  government 
of  the  United  States  from  dividing  said  territory 
into  two  or  more  territories,  in  such  manner  and  at 
such  times  as  Congress  shall  deem  convenient  and 
proper,  or  from  attaching  any  portion  of  said  terri- 
tory to  any  other  state  or  territory  of  the  United 
States.  Provided  further.  That  nothing  in  this  act 
contained  shall  be  so  construed  to  impair  the  rights 
of  person  or  property  now  pertaining  to  the  Indians 
in  said  territory,  so  long  as  such  rights  shall  remain 
unextinguished  by  treaty  between  the  United  States 
and  such  Indians,  or  to  include  any  territory  which, 
by  treaty  with  any  Indian  tribe,  is  not,  without  the 
consent  of  said  tribe,  to  be  included  within  the  ter- 
ritorial limits  or  jurisdiction  of  any  state  or  terri- 
tory ;  but  all  such  territory  shall  be  excepted  out 
of  the  boundaries,  and  constitute   no  part  of  the 


90  NEBRASKA    AND    KANSAS. 

Territory  of  Kansas,  until  said  tribe  shall  signify 
their  assent  to  the  President  of  the  United  States 
to  be  included  within  the  said  Territory  of  Kansas, 
or  to  affect  the  authority  of  the  government  of  the 
United  States  to  make  any  regulation  respecting  such 
Indians,  their  lands,  property,  or  other  rights,  by  trea- 
ty, law,  or  otherwise,  which  it  would  have  been 
competent  to  the  government  to  make  if  this  act 
had  never  passed. 

Sec.  20.  And  be  it  further  enacted,  That  the  ex- 
ecutive power  and  authority  in  and  over  said  Ter- 
ritory of  Kansas  shall  be  vested  in  a  governor,  who 
shall  hold  his  office  for  four  years,  and  until  his 
successor  shall  be  appointed  and  qualified,  unless 
sooner  removed  by  the  President  of  the  United 
States.  The  governor  shall  reside  within  said  ter- 
ritory, and  shall  be  commander-in-chief  of  the  mi- 
litia thereof.  He  may  grant  pardons  and  respites 
for  offences  against  the  laws  of  said  territor3^  and 
reprieves  for  offences  against  the  laws  of  the  Unit- 
ed States,  until  the  decision  of  the  President  can 
be  made  known  thereon;  he  shall  commission  all 
officers  who  shall  be  appointed  to  office  under  the 
laws  of  said  territory,  and  shall  take  care  that  the 
laws  be  faithfully  executed. 

Sec.  21.  And  be  it  further  enacted,  That  there 
shall  be  a  secretary  of  said  territory,  who  shall  re- 
side therein,  and  hold  his  office  for  five  years,  un- 
less sooner  removed  by  the  President  of  the  United 
States;  he  shall  record  and  preserve  all  the  laws 
r.nd  proceedings  of  the  legislative  assembly  here- 


NEBRASKA    AND    KANSAS.  91 

inafter  constituted,  and  all  the  acts  and.proceedings 
of  the  governor  in  his  executive  department;  he 
shall  transmit  one  copy  of  the  laws  and  journals  of 
the  legislative  assembly  within  thirty  days  after  the 
end  of  each  session,  and  one  copy  of  the  executive 
proceedings  and  official  correspondence  semi-an- 
nually, on  the  first  days  of  January  and  July  in 
each  year,  to  the  President  of  the  United  States, 
and  two  copies  of  the  laws  to  the  President  of  the 
Senate  and  to  the  Speaker  of  the  House  of  Repre- 
sentatives, to  be  deposited  in  the  libraries  of  Con- 
gress ;  and,  in  case  of  the  death,  removal,  resigna- 
tion, or  absence  of  the  governor  from  the  territory, 
the  secretary  shall  be,  and  he  is  hereby,  authorized 
and  required  to  execute  and  perform  all  the  powers 
and  duties  of  the  governor  during  such  vacancy  or 
absence,  or  until  another  governor  shall  be  duly  ap- 
pointed and  qualified  to  fill  such  vacancy. 

Sec.  22.  And  be  it  further  enacted,  That  the  le- 
gislative power  and  authority  of  said  territory  shall 
be  vested  in  the  governor  and  a  legislative  assem- 
bly. The  legislative  assembly  shall  consist  of  a 
Council  and  House  of  Representatives.  The  Coun- 
cil shall  consist  of  thirteen  members  having  the 
qualifications  of  voters,  as  hereinafter  prescribed, 
whose  term  of  service  shall  continue  two  years. 
The  House  of  Representatives  shall,  at  its  first  ses- 
sion, consist  of  twenty-six  members,  possessing  the 
same  qualifications  as  prescribed  for  members  of 
the  Council,  and  whose  term  of  service  shall  con- 
tinue one   year.     The  number   of   representatives 


92  NEBRASKA    AND    KANSAS. 

may  be  increased  by  the  legislative  assembly,  from 
time  to  time,  in  proportion  to  the  increase  of  qual-' 
ified  voters :  Provided,  That  the  whole  number 
shall  never  exceed  thirty-nine.  An  apportionment 
shall  be  made,  as  nearly  equal  as  practicable, 
among  the  several  counties  or  districts,  for  the  elec- 
tion of  the  Council  and  Representatives,  giving  to 
each  section  of  the  territory  representation  in  the 
ratio  of  its  qualified  voters  as  nearly  as  may  be. 
And  the  members  of  the  Council  and  of  the  House 
of  Representatives  shall  reside  in,  and  be  inhabit- 
ants of,  the  district  or  county,  or  counties,  for  which 
they  may  be  elected,  respectively.  '  Previous  to  the 
first  election,  the  governor  shall  cause  a  census  or 
enumeration  of  the  inhabitants  and  qualified  voters 
of  the  several  counties  and  districts  of  the  territory, 
to  be  taken  by  such  persons  and  in  such  mode  as  the 
governor  shall  designate  and  appoint;  and  the  per- 
sons so  appointed  shall  receive  a  reasonable  com- 
pensation therefor.  And  the  first  election  shall  be 
held  at  such  time  and  places,  and  be  conducted  in 
such  manner,  both  as  to  the  persons  who  shall  su- 
perintend such  election  and  the  returns  thereof,  as 
the  governor  shall  appoint  and  direct ;  and  he  shall 
at  the  same  time  declare  the  number  of  members 
of  the  Council  and  House  of  Representatives  to 
which  each  of  the  counties  or  districts  shall  be  en- 
titled under  this  act.  The  persons  having  the  high- 
est number  of  legal  votes  in  each  of  said  council 
districts  for  members  of  the  Council  shall  be  de- 
clared by  the  governor  to  be  duly  elected  to  the 


NEBRASKA    AND    KANSAS.  93 

Council ;  and  the  persons  having  the  highest  num- 
ber of  legal  votes  for  the  House  of  Representatives 
shall  be  declared  by  the  governor  to  be  duly  elected 
members  of  said  house.  Provided,  That  in  case 
two  or  more  persons  voted  for  shall  have  an  equal 
number  of  votes,  and  in  case  a  vacancy  shall  other- 
wise occur  in  either  branch  of  the  legislative  as- 
sembly, the  governor  shall  order  a  new  election; 
and  the  persons  thus  elected  to  the  legislative  as- 
sembly shall  meet  at  such  place  and  on  such  day 
as  the  governor  shall  appoint ;  but  thereafter,  the 
time,  place,  and  manner  of  holding  and  conducting 
all  elections  by  the  people,  and  the  apportioning  the 
representation  in  the  several  counties  or  districts  to 
the  Council  and  House  of  Representatives,  accord- 
ing to  the  number  of  qualified  voters,  shall  be 
prescribed  by  law,  as  well  as  the  day  of  the  com- 
mencement of  the  regular  sessions  of  the  legisla- 
tive assembly.  Provided,  That  no  session  in  any 
one  year  shall  exceed  the  term  of  forty  days,  ex- 
cept the  first  session,  which  may  continue  sixty 
days. 

Sec.  23.  And  be  it  further  enacted,  That  every 
free  white  male  inhabitant  above  the  age  of  twenty- 
one  years,  who  shall  be  an  actual  resident  of  said 
territory,  and  shall  possess  the  qualifications  herein- 
after prescribed,  shall  be  entitled  to  vote  at  the  first 
election,  and  shall  be  eligible  to  any  office  within 
the  said  territory ;  but  the  qualifications  of  voters, 
and  of  holding  office,  at  all  subsequent  elections, 
shall  be  such  as  shall  be  prescribed  by  the  legisla- 


94:  NEBRASKA    AND    KANSAS. 

tive  assembly.  Provided,  That  the  right  of  suffrage 
and  of  holding  office  shall  be  exercised  only  by 
citizens  of  the  United  States,  and  those  who  shall 
have  declared  on  oath  their  intention  to  become 
such,  and  shall  have  taken  an  oath  to  support  the 
constitution  of  the  United  States  and  the  provisions 
of  this  act.  And  provided  further,  That  no  officer, 
soldier,  seaman,  marine,  or  other  person  in  the  army 
or  navy  of  the  United  States,  or  attached  to  troops 
in  the  service  of  the  United  States,  shall  be  al- 
lovred  to  vote  or  hold  office  in  said  territory  by  rea- 
son of  being  on  service  therein. 

Sec.  24.  And  be  it  further  enacted.  That  the  le- 
gislative power  of  the  territory  shall  extend  to  all 
rightful  subjects  of  legislation  consistent  with  the 
constitution  of  the  United  States  and  the  provisions 
of  this  act;  but  no  law  shall  be  passed  interfering 
with  the  primary  disposal  of  the  soil ;  no  tax  shall 
be  imposed  upon  the  property  of  the  United  States ; 
nor  shall  the  lands  or  other  property  of  non-resi- 
dents be  taxed  higher  than  the  lands  or  other  prop- 
erty of  residents.  Every  bill  which  shall  have 
passed  the  Council  and  House  of  Representatives 
of  the  said  territory,  shall,  before  it  become  a  law, 
be  presented  to  the  governor  of  the  territory; 
if  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall 
return  it  with  his  objections  to  the  house  in  which 
it  originated,  who  shall  enter  the  objections  at  large 
on  their  journal,  and  proceed  to  reconsider  it.  If, 
after  such  reconsideration,  two  thirds  of  that  house 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  together 


NEBRASKA    AND    KANSAS.  95 

with  the  objections^  to  the  other  house,  by  which  it 
shall  likewise  be  reconsidered,  and  if  approved  by 
two  thirds  of  that  house,  it  shall  become  a  law. 
But  in  all  such  cases  the  votes  of  both  houses  shall 
be  determined  by  yeas  and  nays,  to  be  entered  on 
the  journal  of  each  house,  respectively.  If  any  bill 
shall  not  be  returned  by  the  governor  within  three 
days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a  law  in  like 
manner  as  if  he  had  signed  it,  unless  the  assem- 
bly, by  adjournment,  prevent  its  return,  in  which 
case  it  shall  not  be  a  law. 

Sec.  25.  And  be  it  further  enacted,  That  all 
township,  district,  and  county  officers,  not  herein 
otherwise  provided  for,  shall  be  appointed  or  elect- 
ed, as  the  case  may  be,  in  such  manner  as  shall  be 
provided  by  the  governor  and  legislative  assembly 
of  the  Territory  of  Kansas.  The  governor  shall 
nominate,  and,  by  and  with  the  advice  and  consent 
of  the  legislative  Council,  appoint  all  officers  not 
herein  otherwise  provided  for ;  and  in  the  first  in- 
stance 'the  governor  alone  may  appoint  all  said  of- 
ficers, who  shall  hold  their  offices  until  the  end  of 
the  first  session  of  the  legislative  assembly;  and 
shall  lay  off  the  necessary  districts  for  members  of 
the  Council  and  House  of  Representatives,  and  all 
other  officers. 

Sec.  26.  And  be  it  further  enacted.  That  no 
member  of  the  legislative  as3embly  shall  hold,  or 
be  appointed  to,  any  office  which  shall  have  been 
created,  or  the  salary  or  emoluments  of  which  shall 


96  NEBRASKA    AND  TtANSAS. 

have  been  increased,  while  he  was  a  member,  dur- 
ing the  term  for  which  he  was  elected,  and  for  one 
year  after  the  expiration  of  such  term  ;  but  this  re- 
striction shall  not  be  applicable  to  members  of  the 
first  legislative  assembly ;  and  no  person  holding  a 
commission  or  appointment  under  the  United  States, 
except  postmasters,  shall  be  a  member  of  the  legis- 
lative assembly,  or  shall  hold  any  office  under  the 
government  of  said  territory. 

Sec.  27.  And  be  it  further  enacted.  That  the  ju- 
dicial power  of  said  territory  shall  be  vested  in  a 
Supreme  Court,  District  Courts,  Probate  Courts,  and 
in  justices  of  the  peace.  The  Supreme  Court  shall 
consist  of  a  chief  justice  and  two  associate  jus- 
tices, any  two  of  whom  shall  constitute  a  quorum, 
and  who  shall  hold  a  term  at  the  seat  of  govern- 
ment of  said  territory  annually ;  and  they  shall 
hold  their  offices  during  the  period  of  four  years, 
and  until  their  successors  shall  be  appointed  and 
qualified.  The  said  territory  shall  be  divided  into 
three  judicial  districts,  and  a  District  Court  shall  be 
held  in  each  of  said  districts  by  one  of  the  justices 
of  the  Supreme  Court,  at  such  times  and  places  as 
may  be  prescribed  by  law;  and  the  said  judges 
shall,  after  their  appointments,  respectively,  reside 
in  the  districts  which  shall  be  assigned  them.  The 
jurisdiction  of  the  several  courts  herein  provided 
for,  both  appellate  and  original,  and  that  of  the 
Probate  Courts  and  of  justices  of  the  peace,  shall 
be  as  limited  by  law.  Provided,  That  justices 
of  the  peace  shall  not  have  jurisdiction  of  any  mat- 


NEBRASKA    AND    KANSAS.  97 

ter  in  controversy  when  the  title  or  boundaries  of 
land  may  be  in  dispute,  or  where  the  debt  or  sum 
claimed  shall  exceed  one  hundred  dollars ;  and 
the  said  Supreme  and  District  Courts,  respectively, 
shall  possess  chancery  as  well  as  common  law  juris- 
diction. Each  District  Court,  or  the  judge  thereof, 
shall  appoint  its  clerk,  who  shall  also  be  the  regis- 
ter in  chancery,  and  shall  keep  his  office  at  the 
place  where  the  court  may  be  held.  Writs  of  er- 
ror, bills  of  exception,  and  appeals  shall  be  al- 
lowed in  all  cases  from  the  final  decisions  of  said 
District  Courts  to  the  Supreme  Court,  under  such 
regulations  as  may  be  prescribed  by  law ;  but  in 
no  case  removed  to  the  Supreme  Court  shall  trial 
by  jury  be  allowed  in  said  court.  The  Supreme 
Court,  or  the  justices  thereof,  shall  appoint  its  own 
clerk,  and  every  clerk  shall  hold  his  office  at  the 
pleasure  of  the  court  for  which  he  shall  have  been 
appointed.  Writs  of  error,  and  appeals  from  the 
final  decisions  of  said  Supreme  Court,  shall  be  al- 
lowed, and  may  be  taken  to  the  Supreme  Court  of 
the  United  States,  in  the  same  manner  and  under 
the  same  regulations  as  from  the  Circuit  Courts  of 
the  United  States,  where  the  value  of  the  property, 
or  the  amount  in  controversy,  to  be  ascertained  by 
the  oath  or  affirmation  of  either  party,  or  other  com- 
petent witness,  shall  exceed  one  thousand  dollars ; 
except  only  that  in  all  cases  involving  title  to 
slaves,  the  said  writs  of  error  or  appeals  shall  be 
allowed  and  decided  by  the  said  Supreme  Court, 
without  regard  to  the  value  of  the  matter,  property. 


98  Is^EBRASKA    AND    KANSAS. 

or  title  in  controversy ;  and  except  also  that  a  writ 
of  error  or  appeal  shall  also  be  allowed  to  the  Su- 
preme Court  of  the  United  States,  from  the  decis- 
ion of  the  said  Supreme  Court  created  by  this  act, 
or  of  any  judge  thereof,  or  of  the  District  Courts 
created  by  this  act,  or  of  ^ny  judge  thereof,  upon 
any  writ  of  habeas  corpus,  involving  the  question 
of  personal  freedom.  Provided,  That  nothing  here- 
in contained  shall  be  construed  to  apply  to  or  affect 
the  provisions  of  the  "  act  respecting  fugitives  from 
justice,  and  persons  escaping  from  the  service  of 
their  masters,"  approved  February  twelfth,  seven^ 
teen  hundred  and  ninety-three,  and  the  '-act  to 
amend  and  supplementary  to  the  aforesaid  act," 
approved  September  eighteenth,  eighteen  hundred 
and  fifty:  and  each  of  the  said  District  Courts 
shall  have  and  exercise  the  same  jurisdiction  in  all 
cases  arising  under  the  constitution  and  laws  of  the 
United  States  as  is  vested  in  the  Circuit  and  Dis- 
trict Courts  of  the  United  States;  and  the  said  Su- 
preme and  District  Courts  of  the  said  territory,  and 
the  respective  judges  thereof,  shall  and  may  grant 
writs  of  habeas  corpus  in  all  cases  in  which  the 
same  are  granted  by  the  judges  of  the  United 
States  in  the  District  of  Columbia;  and  the  first 
six  days  of  every  term  of  said  courts,  or  so  much 
thereof  as  shall  be  necessary,  shall  be  appropriated 
to  the  trial  of  causes  arising  under  the  said  con- 
stitution and  laws,  and  writs  of  error  and  appeal 
in  all  such  cases  shall  be  made  to  the  Supreme 
Court  of  said  territory,  the  same  as  in  other  cases. 


NEBRASKA    AND    KANSAS.  99 

The  said  clerk  shall  receive  in  all  such  cases  the 
same  fees  which  the  clerks  of  the  District  Courts 
of  Utah  Territory  now  receive  for  similar  services. 

Sec.  28.  And  be  it  further  enacted,  That  the 
provisions  of  the  act  entitled  "  An  act  respecting 
fugitives  from  justice  and  persons  escaping  from 
the  service  of  their  masters,"  approved  February- 
twelfth,  seventeen  hundred  and  ninety-three,  and 
the  provisions  of  the  act  entitled  "An  act  to  amend, 
and  supplementary  to,  the  aforesaid  act,"  approved 
September  eighteenth,  eighteen  hundred  and  fifty, 
be,  and  the  same  are  hereby,  declared  to  extend  to 
and  be  in  full  force  within  the  limits  of  the  said 
Territory  of  Kansas. 

Sec.  29.  And  be  it  further  enacted,  That  there 
shall  be  appointed  an  attorney  for  said  territory, 
who  shall  continue  in  office  for  four  years,  and  un- 
til his  successor  shall  be  appointed  and  qualified, 
unless  sooner  removed  by  the  President,  and  w^ho 
shall  receive  the  same  fees  and  salary  as  the  attor- 
ney of  the  United  States  for  the  present  Territory 
of  Utah.  There  shall  also  be  a  marshal  for  the 
territory  appointed,  who  shall  hold  his  office  for 
four  years,  and  until  his  successor  shall  be  ap- 
pointed and  qualified,  unless  sooner  removed  by 
the  President,  and  who  shall  execute  all  processes 
issuing  from  the  said  courts  when  exercising  their 
jurisdiction  as  Circuit  and  District  Courts  of  the 
United  States  ;  he  shall  perform  the  duties,  be  sub- 
ject to  the  same  regulations  and  penalties,  and  be 
entitled  to  the  same  fees,  as  the  marshal  of   the 


100  NEBRASKA    AND    KANSAS. 

District  Court  of  the  United  States  for  the  present 
Territory  of  Utah,  and  shall,  in  addition,  be  paid 
two  hundred  dollars  annually  as  a  compensation 
for  extra  services. 

Sec.  30.  And  be  it  further  enacted,  That  the 
governor,  secretary,  chief  justice,  and  associate  jus- 
tices, attorney,  and  marshal  shall  be  nominated, 
and,  by  and  with  the  advice  and  consent  of  the 
Senate,  appointed  by  the  President  of  the  United 
States.  The  governor  and  secretary  to  be  appointed 
as  aforesaid  shall,  before  they  act  as  such,  respec- 
tively take  an  oath  or  affirmation  before  the  district 
judge  or  some  justice  of  the  peace  in  the  limits  of 
said  territory,  duly  authorized  to  administer  oaths 
and  afilrmations  by  the  laws  now  in  force  therein, 
or  before  the  chief  justice  or  some  associate  jus- 
tice of  the  Supreme  Court  of  the  United  States,  to 
support  the  constitution  of  the  United  States,  and 
faithfully  to  discharge  the  duties  of  their  respective 
offices,  which  said  oaths,  when  so  taken,  shall  be 
certified  by  the  person  by  wdiom  the  same  shall 
have  been  taken  ]  and  such  certificates  shall  be  re- 
ceived and  recorded  by  the  said  secretary  among 
the  executive  proceedings ;  and  the  chief  justice 
and  associate  justices,  and  all  other  civil  ofRcers 
in  said  territory,  before  they  act  as  such,  shall  take 
a  like  oath  or  affirmation  before  the  said  governor 
or  secretary,  or  some  judge  or  justice  of  the  peace 
of  the  territory  who  may  be  duly  commissioned 
and  qualified,  w^hich  said  oath  or  affirmation  shall 
be  certified  and  transmitted  by  the  person  taking 


NEBRASKA  AND  KANSAS.      101 

the  same  to  the  secretary,  to  be  by  him  recorded  as 
aforesaid ;  and,  afterwards,  the  like  oath  or  affirma- 
tion shall  be  taken,  certified,  and  recorded,  in  such 
manner  and  form  as  may  be  prescribed  by  law. 
The  governor  shall  receive  an  annual  salary  of  two 
thousand  five  hundred  dollars.  The  chief  justice 
and  associate  justices  shall  receive  an  annual  sal- 
ary of  two  thousand  dollars.  The  secretary  shall 
receive  an  annual  salary  of  two  thousand  dollars. 
The  said  salaries  shall  be  paid  quarter-yearly,  from 
the  dates  of  the  respective  appointments,  at  the 
treasury  of  the  United  States;  but  no  such  pay- 
ment shall  be  made  until  said  officers  shall  have 
entered  upon  the  duties  of  their  respective  appoint- 
ments. The  members  of  the  legislative  assembly 
shall  be  entitled  to  receive  three  dollars  each  per 
day  during  their  attendance  at  the  sessions  thereof, 
and  three  dollars  each  for  every  twenty  miles'  trav- 
el in  going  to  and  returning  from  the  said  sessions, 
estimated  according  to  the  nearest  usually  travelled 
route  ;  and  an  additional  allowance  of  three  dollars 
shall  be  paid  to  the  presiding  officer  of  each  house 
for  each  day  he  shall  so  preside.  And  a  chief 
clerk,  one  assistant  clerk,  a  sergeant  at  arms,  and 
doorkeeper,  may  be  chosen  for  each  house  ;  and 
the  chief  clerk  shall  receive  four  dollars  per  day, 
and  the  said  other  officers  three  dollars  per  day, 
during  the  session  of  the  legislative  assembly  ;  but 
no  other  officers  shall  be  paid  by  the  United  States. 
Provided,  That  there  shall  be  but  one  session  of 


9* 


102  NEBRASKA    AND    KANSAS. 

the  legislature  annually,  unless,  on  an  extraordinary- 
occasion,  the  governor  shall  think  proper  to  call  the 
legislature  together.  There  shall  be  appropriated, 
annually,  the  usual  sum,  to  be  expended  by  the 
governor,  to  defray  the  contingent  expenses  of  the 
territory,  including  the  salary  of  a  clerk  of  the  ex- 
ecutive department  ]  and  there  shall  also  be  appro- 
priated, annually,  a  sufficient  sum,  to  be  expended 
by  the  secretary  of  the  territory,  and  upon  an  esti- 
mate to  be  made  by  the  Secretary  of  the  Treasury 
of  the  United  States,  to  defray  the  expenses  of  the 
legislative  assembly,  the  printing  of  the  laws,  and 
other  incidental  expenses;  and  the  governor  and 
secretary  of  the  territory  shall,  in  the  disburse- 
ment of  all  moneys  intrusted  to  them,  be  governed 
solely  by  the  instructions  of  the  Secretary  of  the 
Treasury  of  the  United  States,  and  shall,  semi-an- 
nually, account  to  the  said  secretary  for  the  man- 
ner in  which  the  aforesaid  moneys  shall  have  been 
expended;  and  no  expenditure  shall  be  made  by 
said  legislative  assembly  for  objects  not  specially 
authorized  by  the  acts  of  Congress  making  the  ap- 
propriations, nor  beyond  the  sums  thus  appropriat- 
ed for  such  objects. 

Sec.  31.  And  be  it  further  enacted,  That  the 
seat  of  government  of  said  territory  is  hereby  lo- 
cated temporarily  at  Fort  Leavenworth  ;  and  that 
such  portions  of  the  public  buildings  as  may  not 
be  actually  used  and  needed  for  military  purposes 
may  be  occupied  and  used,  under  the  direction  of 


NEBRASKA    AND    KANSAS.  103 

the  governor  and  legislative  assembly,  for  such 
public  purposes  as  may  be  required  under  the  pro- 
visions of  this  act. 

Sec.  32.  And  be  it  further  enacted,  That  a  del- 
egate to  the  House  of  Representatives  of  the  Unit- 
ed States,  to  serve  for  the  term  of  two  years,  who 
shall  be  a  citizen  of  the  United    States,  may  be 
elected  by  the  voters  qualified  to  elect  members  of 
the  legislative  assembly,  who  shall  be  entitled  to  the 
same  rights  and  privileges  as  are  exercised  and  en- 
joyed by  the  delegates  from  the  several  other  terri- 
tories of  the  United  States  to  the  said   House   of 
Representatives;    but   the   delegate    first    elected 
shall  hold  his  seat  only  during  the  term  of  the  Con- 
gress to  which  he  shall  be  elected.     The  first  elec- 
tion shall  be  held  at  such  time  and  places,  and  be 
conducted  in  such  manner,  as  the  governor  shall 
appoint  and  direct ;  and  at  all  subsequent  elections, 
the  times,  places,  and  manner  of  holding  the  elec- 
tions shall  be  prescribed  by  law.     The  person  hav- 
ing the  greatest  number  of  votes  shall  be  declared 
by  the  governor  to  be  duly  elected,  and  a  certificate 
thereof  shall  be  given  accordingly.     That  the  con- 
stitution and  all  laws  of  the  United  States  which 
are  not  locally  inapplicable    shall  have  the  same 
force  and  eff'ect  within  the  said  Territory  of  Kansas 
as  elsewhere  within  the  United  States,  except  the 
eighth  section  of  the  act  preparatory  to  the  admission 
of  Missouri  ,into  the  Union,  approved  March  sixth, 
eighteen  hundred  and  twenty,  which  being  incon- 
sistent with   the  principle  of  non-intervention  by 


104  NEBRASKA    AND    KANSAS. 

Congress  with  slavery  in  the  states  and  territories, 
as  recognized  by  the  legislation  of  eighteen  hun- 
dred and  fifty,  commonly  called  the  compromise 
measures,  is  hereby  declared  inoperative  and  void ; 
it  being  the  true  intent  and  meaning  of  this  act  not 
to  legislate  slavery  into  any  territory  or  state,  nor  to 
exclude  it  therefrom,  but  to  leave  the  people  there- 
of perfectly  free  to  form  and  regulate  their  domes- 
tic institutions  in  their  own  way,  subject  only  to 
the  constitution  of  the  United  States.  Provided, 
That  nothing  herein  contained  shall  be  construed 
to  revive  or  put  in  force  any  law  or  regulation 
w^hich  may  have  existed  prior  to  the  act  of  sixth  of 
March,  eighteen  hundred  and  twenty,  either  pro- 
tecting, establishing,  prohibiting,  or  abolishing 
slavery. 

Sec.  33.  And  be  it  further  enacted,  That  there 
shall  hereafter  be  appropriated,  as  has  been  cus- 
tomary for  the  territorial  governments,  a  sufficient 
amount,  to  be  expended  under  the  direction  of  the 
said  governor  of  the  Territory  of  Kansas,  not  ex- 
ceeding the  sums  heretofore  appropriated  for  sim- 
ilar objects,  for  the  erection  of  suitable  public 
buildings  at  the  seat  of  government,  and  for  the  pur- 
chase of  a  library,  to  be  kept  at  the  seat  of  govern- 
ment, for  the  use  of  the  governor,  legislative  assem- 
bly, judges  of  the  Supreme  Court,  secretary,  mar- 
shal, and  attorney  of  said  territory,  and  such  other 
persons,  and  under  such  regulations,  as  shall  be 
prescribed  by  law. 

Sec.  34.   And  be  it  further  enacted.  That  when 


NEBRASKA    AND    KANSAS.  105 

the  lands  in  the  said  territory  shall  be  surveyed 
under  the  direction  of  the  government  of  the  United 
States,  preparatory  to  bringing  the  same  into  mar- 
ket, sections  numbered  sixteen  and  thirty-six  in 
each  township  in  said  territory  shall  be,  and  the 
same  are  hereby,  reserved  for  the  purpose  of  being 
applied  to  schools  in  said  territory,  and  i'n  the  states 
and  territories  hereafter  to  be  erected  out  of  the  same. 

Sec.  35.  And  be  it  further  enacted.  That,  until 
otherwise  provided  by  law,  the  governor  of  said  ter- 
ritory may  define  the  judicial  districts  of  said  ter- 
ritory, and  assign  the  judges  who  maybe  appointed 
for  said  territory  to  the  several  districts ;  and  also 
appoint  the  times  and  places  for  holding  courts  in 
the  several  counties  or  subdivisions  in  each  of  said 
judicial  districts  by  proclamation,  to  be  issued  by 
him ;  but  the  legislative  assembly,  at  their  first  or  any 
subsequent  session,  may  organize,  alter,  or  modify 
such  judicial  districts,  and  assign  the  judges,  and 
alter  the  times  and  places  of  holding  the  courts,  as 
to  them  shall  seem  proper  and  convenient. 

Sec.  36.  And  be  it  further  enacted,  That  all  of- 
ficers to  be  appointed  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate,  for  the 
Territory  of  Kansas,  who,  by  virtue  of  the  provis- 
ions of  any  law  now  existing,  or  which  may  be  en- 
acted during  the  present  Congress,  are  required  to 
give  security  for  moneys  that  may  be  intrusted  with 
them  for  disbursement,  shall  give  such  security,  at 
such  time  and  place,  and  in  such  manner,  as  the 
secretary  of  the  treasury  may  prescribe. 


106      NEBRASKA  AND  KANSAS. 

Sec.  37.  And  be  it  further  enacted,  That  all 
treaties,  laws,  and  other  engagements  made  by  the 
government  of  the  United  States  with  the  Indian 
tribes  inhabiting  the  territories  embraced  within 
this  act,  shall  be  faithfully  and  rigidly  observed, 
notwithstanding  any  thing  contained  in  this  act; 
and  that  the  existing  agencies  and  superintenden- 
cies  of  said  Indians  be  continued  with  the  same 
powers  and  duties  which  are  now  prescribed  by 
law,  except  that  the  President  of  the  United  States 
may,  at  his  discretion,  change  the  location  of  the 
office  of  superintendent. 

Passed  the  House  of  Representatives  May  22,  1854. 
Attest : 

JOHN   W.   FORNEY, 
Clerk  House  of  Representatives. 


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